HARI KESH Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioners seeks quashing of order dated 26.8.1997 whereby the petitioners have been ordered to be reverted from the post of Assistant Linemen to the post of work-mates with immediate effect. It is the case of the petitioners that they were appointed as work-mates (Construction) on a salary of Rs. 800/- per month in the pay scale of Rs. 800/1150 along with allowances etc., vide order dated 28.5.1993.

(2.) Petitioner No. 1 was transferred from the Construction Division, Narwana, to Operation Circle, Jind, vide order dated 10.6.1996. Similarly, petitioner No. 2 was transferred from T/L(C) Division, Narwana to Operation Circle, Jind vide order dated 26.6.1995. These transfers were made by the competent authorities as per the request of the petitioners. However, the petitioners have contested this fact stating that they did not make any request for their transfers and the order Annexure P-3 which records that they will lose their seniority is wrong. Subsequently, the petitioners were promoted from officiating work-mates to officiating Assistant Linemen vide order 6.6.1997 and are presently holding the posts. However, the respondent vide order dated 26.8.1997 Annexure P-5 has passed order reverting them which is legally unsustainable on the precise ground that no hearing has been afforded before passing an order.

(3.) In pursuance to the notice of motion issued, written statement has been filed on behalf of respondent Nos. 1 to 4. Besides controverting the various material averments made in the petition, in para 7 of the written statement, it has been specifically mentioned that the petitioners were promoted from the post of Work-Mates to that of Assistant Linemen on account of inadvertent mistake. Thus, as soon as the same came to the notice, necessary order reverting them has been passed. Not only this, departmental action is being initiated against the official who was instrumental in passing Annexure P-4. Reliance has been placed on notification dated 10.10.1988, Annexure R-1, wherein it has been mentioned that employee transferred to another circle loses his seniority.