Beer Singh vs Dakshin Haryana Bijli Vitran … on 12 October, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                     C.W.P. No. 1849 of 2009
                                          DATE OF DECISION : 12.10.2009

Beer Singh

                                                              ... PETITIONER
                                    Versus
Dakshin Haryana Bijli Vitran Nigam and others

                                                          ..... RESPONDENTS


CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL


Present:     Ms. Alka Chatrath, Advocate,
             for the petitioner.

             Mr. Narendre Hooda & Mr. Praveen Gupta, Advocates,
             for the respondents.

                          ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner, who was engaged as Assistant Lineman on

contract basis for a period of six months on D.C rates, has filed this petition

for directing the respondents to allow the petitioner to continue working

against his post till the regular appointment is made.

During the course of arguments, counsel for the respondents

states that the respondent Nigam will not appoint any person on contract

basis in place of the petitioner. He further states that it has been decided that

the respondent Nigam will take the services of the contractor to provide

manpower as per requirement from time to time. On instructions from the

respondents, he states that the respondent Nigam will ensure that the
CWP No. 1849 of 2009 -2-

contractor, who will provide manpower to the Nigam, gives the preference

to the petitioner for hiring his services. If the petitioner will not be

available, only then the contractor will engage the other persons from the

open market. He further states that a similar writ petition i.e. CWP No. 5365

of 2009, titled as Narender Kumar Versus Dakshin Haryana Bijli Vitran

Nigam and others, decided on 30.5.2009, filed by various ALMs/SAs,

working on contract basis, has been disposed of by this Court by passing the

following order :-

“Shri Narender Hooda, Advocate, counsel for the
respondents, on written instructions from the respondents, copy
of which has been placed on record, states that the ALMs/SAs,
who have been engaged on contract/out source basis, shall be
given preference by the contractors for engaging them on D.C
rates for six months. He further states that the other persons
shall only be considered when earlier engaged ALMs/SAs
having experience are not available. He further states that these
instructions will be strictly adhered by the respondents.

In view of the aforesaid statement, counsel for the
petitioner states that he does not want to press this petition.

Dismissed as not pressed.”

In view of the aforesaid statement already made on behalf of the

respondent-Nigam in the above mentioned writ petition, counsel for the

petitioner states that he does not want to press this petition.

Dismissed as not pressed.

October 12, 2009                              ( SATISH KUMAR MITTAL )
ndj                                                    JUDGE