MOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of MANDAMUS directing the respondents to consider the petitioner to continue in service for all intents and purposes along with all consequential benefits for the period, for which he was not allowed to perform his duties.

(2.) Learned counsel for the petitioner, INTER ALIA, contends that the petitioner was appointed on contractual basis with the respondent-Nigam on 11/3/2018 and thereafter, he was promoted as Assistant Lineman. On 18/5/2020, he accompanied one Sanjay Kumar, Assistant Lineman to check the transformer fault at site on the directions of Junior Engineer concerned. However, the accompanying official died due to electrocution and an inquiry was conducted, in which four employees including the petitioner were held responsible and in view of the same, three employees were reinstated except the petitioner and he was removed from service vide order dtd. 26/5/2020 (Annexure P-2).

(3.) Feeling aggrieved, the petitioner approached this Court by way of filing CWP-4565-2021, which was disposed of vide order dtd. 8/7/2024 (Annexure P-7) in view of the statement by learned counsel for the respondent-Nigam that the petitioner would be permitted to join as ALM within a period of one week from the date of passing of the said order. Pursuant to which, the petitioner rejoined on 16/7/2024. It is further submitted that during pendency of the aforesaid writ petition, the petitioner served the respondent-Nigam from 15/6/2021 to 15/9/2021.