IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 9953 of 2002
Date of decision: 11th December, 2008
K.K. Jhamb
... Petitioner
Versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Vijay Takki, Advocate for
Mr. Rajesh Mahajan, Advocate for the petitioner.
Mr. Jayender Singh Chandail, Addl. AG Haryana for the State.
Mr. N.D. Kalra, Advocate and
Mr. Narender Hooda, Advocate for respondent No.3.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present writ petition has been filed praying that respondent
No.1 and 2, i.e. State of Haryana be directed to absorb the petitioner as
Junior Engineer from the date his juniors were absorbed.
Brief facts of the case are that the petitioner was appointed as
Junior Engineer in Haryana State Minor Irrigation Tubewell Corporation
Ltd. (hereinafter referred to as, ‘the Corporation’) on 5th June, 1975.
Respondent No.2, Engineer in Chief, PWD Public Health Branch,
Panchkula issued a circular for taking Junior Engineers, employed in the
Corporation, on deputation. Petitioner applied, appeared before the
interview committee and was selected and was issued appointment letter
on 29th May, 1998 and he joined the State of Haryana on 29th May, 1998.
On 7th July, 1999, respondent No.2 Engineer in Chief, PWD Public Health
Branch, Panchkula issued another circular to the effect that those
employees, who were working on deputation, can be absorbed on regular
basis. Petitioner submitted his consent along with requisite affidavit.
Civil Writ Petition No. 9953 of 2002 2
Petitioner had to obtain a No Objection Certificate. At that time,
Rs.2,48,140/- were outstanding against the petitioner. Before the No
Objection Certificate could be issued, disciplinary proceedings were
initiated against the petitioner.
As per the statement of allegations, annexed as Annexure
P-6, petitioner could not account for various articles and he was fastened
with the liability of Rs.45,768.05. Counsel for the petitioner states that the
amount had been deposited. But before the disciplinary proceedings could
be finally adjudicated, respondent No.3 Corporation had taken a decision
to close the Corporation. Thereafter, a list was prepared and as per the
seniority, Junior Engineers working in the Corporation were to be adjusted/
absorbed in various Government Departments.
Counsel for the petitioner has placed reliance upon ‘Amar
Singh v. State of Haryana’ Civil Writ Petition No.9579 of 2002, decided
on 4th December, 2008. The case of the petitioner is not covered by the
ratio of that judgment, as in the case of Amar Singh (supra), no disciplinary
proceedings were pending and he was continuing to discharge his duties
with the State of Haryana since the date of his deputation to the
Government.
In the present case, even though order of the status-quo had
been passed by this Court, petitioner was relieved from the Government
service earlier thereto because of disciplinary proceedings. Due to the
pendency of disciplinary proceedings, rightly, No Objection Certificate was
not issued by the Corporation.
Therefore, this Court cannot come to the rescue of the
petitioner and the present writ petition is dismissed.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
December 11, 2008
rps