KRISHAN KUMAR Vs. HARYANA VIDUT PARSARAN NIGAM LTD.

JUDGEMENT

(1.) This judgment will dispose of CWP Nos.22873, 6101 of 2010, 16745, 16751 and 19626 of 2015 together as common questions of law and facts are involved in all the petitions. For reference, facts are being taken from CWP No.22873 of 2010. The petitioners are seeking quashing of the orders dated 26.02.2005, 09.03.2015, 10.03.2015 & 11.03.2015 (Annexures P -25 & 26), collectively), terminating their services without issuing any show cause notice and opportunity of hearing.

(2.) Pursuant to a selection process, the petitioners were appointed as Assistant Lineman/Shift Attendants in the respondent -Nigam and had been working from 1993 to 1996. The selection made in the year 1992 was quashed by this Court being faulty and the said decision was upheld by the Hon'ble Supreme Court. Thereafter, the services of the petitioners who were appointed in 1993 were terminated by passing similar order on 23.09.1997. Experience certificates dated 22.05.1997 and 26.07.1997 were issued to those persons, who had worked as Assistant Lineman/Shift Attendant w.e.f. 16.04.1993 to 22.09.1997 in the respondent -Nigam. Thereafter, vide advertisement dated 04.03.1996 (Annexure P -5) the respondent -Nigam (erstwhile HSEB) advertised 2056 posts of Assistant Lineman and 556 posts of Shift Attendant and all those persons, who were appointed as Assistant Lineman or Shift Attendant in the year 1992, were given liberty to appear in the test without applying for the said posts again. Written test was conducted on 05.05.1996 at Circle level and the result was declared on 23.09.1997. This selection was also challenged by way of CWP Nos. 15558, 16278, 17812 of 1997, which were allowed by this Court vide judgment dated 03.12.2008 (Annexure P -7) on the limited ground that the reserved category candidates, who had obtained more marks than the general category candidates, may be selected and offer appointments in the general category and the remaining vacancies of the reserved category may be filled up by offering appointment to 336 reserved category candidates for the post of Assistant Lineman and 75 reserved category candidates for the post of Shift Attendant. In the said judgment is has been further held as under: -

(3.) In the process of implementing the judgment dated 03.12.2008 (Annexure P -7), a fresh merit list was declared in the year 2009, which is subject matter of the present petition(s).