PARDEEP KUMAR Vs. SANT LAL PRUTHI

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and perused the paper-book.

(2.) The petitioner was appointed as a Lower Divisional Clerk (Field Cadre) on 26th July, 2011 by the Haryana Power Generation Corporation Ltd. (HPGCL) at DCRTPP, Yamuna Nagar, as per policy to provide a job to one dependent of the land owning family whose land, subject to minimum of two acres, was acquired for setting up thermal power plant. The petitioner was issued a show-cause notice on 21st October, 2011 (Annex. P-4) pointing out to him that as per the Recruitment and Promotion Policy of Class III employees issued vide Office Order dated 25th November, 2002 read with Notification dated 26th February, 2004 duly adopted by HPGCL vide Office Order dated 15th September, 2005, the minimum qualification for direct recruitment of Lower Divisional Clerk (LDC) was 10+2/10+2 (Vocational) 2nd Division or equivalent and above (for ex-serviceman 10+2 only), with working knowledge of computer whereas marks obtained by the petitioner were less than 50% in the aggregate. Since the petitioner did not possess the prescribed qualification of passing 10+2 in the 2nd Division, it was tentatively decided by the competent authority to cancel the appointment of the petitioner and to consider him for the lower post of Peon for which he was eligible on the basis of qualifications possessed by him.

(3.) However, before proceeding further, the respondent offered the petitioner an opportunity of hearing either to submit consent for the post of Peon and in case reply is not received within 10 days positively; appointment will be cancelled without any further opportunity to resist. The petitioner submitted reply admitting that he had qualified the examination obtaining 45.60% marks in 10+2 and in addition he held one year diploma in computers and 2 years ITI in electrician trade during 2007-09 (Distance Education) and further 2 years ITI in electrician trade during academic sessions 2009-11. He further stated that in case he is not eligible for the post of LDC, then he will be considered for any other post(s) (Technical/Non Technical) equivalent to his qualification instead of Peon.