HARBANS LAL Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Whether correction of an apparent clerical mistake that may result only in showing the correct position as it always was, but may incidentally appear to be adversely affecting a citizen, needs hearing from such a person, is a question. Before, however, we may delve upon the point posed above, it would be useful to extract brief facts of the case giving rise to the present petition which has been filed by Harbans Lal, a Junior Engineer, ME, Sub Station, P.S.E.B., Kartarpur, District Jalandhar.

(2.) Petitioner pleads that he was appointed as Store Attendant on work-charge basis on May 5,1976. He was given regular appointment as Peon in M.E. Sub Division, Batala on August 20, 1976 and on September 1, 1980 he was transferred to M.E. Sub Division, Hoshiarpur. On December 24, 1985 he was promoted as Test Mechanic and posted at Kapurthala. His name was shown at Sr. No. 222 in the seniority list of Test Mechanics from December 31, 1986 to March 31, 1993. On December 24, 1997 petitioner was promoted as Junior Engineer. It is further the case of petitioner that he was asked to hand over the charge of Junior Engineer without any order on February 12, 1998. He requested to supply a copy of reversion order but the same was not supplied. Aggrieved, he filed Civil Writ Petition No. 4652 of 1998 which came up for hearing before the Division Bench consisting of N.K. Sodhi and K.S. Kumaran, JJ. and was disposed of with a direction to the respondents to supply copy of reversion order to the petitioner. Pursuant to order aforesaid, Petitioner was supplied copy of order dated March 24, 1998, Annexure P-5 and it is this order that has been challenged in the present petition.

(3.) In the order, Annexure P-5, dated March 24, 1998 it has been mentioned that the service particulars of the petitioner were called from the Superintending Engineer and as per particulars so sent, seniority of the petitioner was fixed at No. 222 vide office memo dated February 17, 1995. On the basis of the aforesaid seniority number, petitioner was promoted from the post of Test Mechanic to that of Junior Engineer. However, it has been brought to the notice of the office that the seniority of petitioner was wrong because he joined the Board on August 20, 1976 as a Peon and not as a Lab Attendant. Therefore, his correct seniority comes at Sr. No. 250(B) and not at No. 222. It has further been mentioned that the person at Seniority No. 250(B) of Test Mechanic is not due for further promotion to the post of Junior Engineer and, therefore, the petitioner, who was promoted as Junior Engineer, on the basis of his seniority No. 222, is reverted to the post of Test Mechanic and posted as Test Mechanic under the Superintending Engineer, PSEB, Jalandhar.