KEWAL SINGH Vs. H.P.STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petition has been filed on the following substantive prayers vide para 7 (i) to (iii): -

(2.) IN reply respondent No. 1 has taken the following stand vide relevant portion of para 1 of preliminary submissions: - Taking into consideration all, aspects in view and facts, circumstances of the case, it was observed by the competent authority that: -

(3.) ADMITTEDLY , the petitioners have since been promoted as Asstt. Engineers (Electrical) in the year 2010, during pendency of the present petition. However, they are basing their claim for promotion to the said post on the basis of office order dated 2.2.2005, Annexure RA -II read with letter dated 8.10.2007, Annexure RA -V sans conditions attached in Annexure RA -V, requiring the petitioners to "give an undertaking on the prescribed proforma (enclosed) duly attested by the Executive Magistrate to the effect that you will neither claim integration in cadre of AE(E) nor claim promotion to the post of Sr.Xen)E)", which apparently is in derogation to the law laid down by the Hon 'ble Supreme court in Nar Singh Pal vs. Union of India and Others, (2000) SCC 588, wherein it has been held as under vide relevant portion of para 13: - Fundamental Rights under the Constitution cannot be bartered away. They cannot be compromised nor can there be any esstoppel against the exercise of Fundamental Rights available under the Constitution. As pointed out earlier, the termination of the appellant from service was punitive in nature and was in violation of the principles of natural justice and his constitutional rights. Such an order cannot be sustained.