Ajit Singh vs Bhakra Beas Management Board on 18 August, 2009

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH.

                                                     C.W.P. No. 12404 of 2009
                                           DATE OF DECISION : 18.08.2009

Ajit Singh

                                                               .... PETITIONER

                                     Versus

Bhakra Beas Management Board, Chandigarh and others

                                                           ..... RESPONDENTS


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


Present:     Mr. Raman Sharma, Advocate,
             for the petitioner.

                          ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner is working as Chowkidar in the Bhakhra Beas

Management Board since 1990. Initially, he was appointed on ad-hoc basis

on 12.10.1990 and subsequently, he was regularised with effect from

29.6.1991. It is the case of the petitioner that against 20% quota posts of

Clerks by way of promotion from employees belonging to Class IV, claim

of the petitioner is not being considered on the ground that as per the

decision dated 24.3.2009 (Annexure P-7), only Book Binders, Havildars,

Daftris and Peons are eligible to be considered for promotion against the

said quota posts of Clerks. It is the further case of the petitioner that the said

decision is contrary to the Bhakhra Beas Management Board Service Rules,

according to which even Chowkidar is to be taken as member of the
CWP No. 12404 of 2009 -2-

Ministerial Staff of Class IV employees and he is also entitled to be

considered for promotion against 20% quota posts of Clerks. It is the further

case of the petitioner that subsequently, designation of some of the

employees, who were working with the petitioner as Chowkidars and Malis,

was changed to Peon and they were considered for promotion against 20%

quota posts of Clerks and have been actually promoted as such, whereas no

such benefit was granted to the petitioner. Counsel for the petitioner states

that at this stage, this petition may be disposed of with liberty to the

petitioner to make a representation in this regard to the Chief Engineer,

Bhakra Dam, BBMB, Nangal Township, respondent No.2 herein, for

changing his designation as Peon, as has been done in the case of other

similarly situated employees, and the said representation may be directed to

be considered and decided in accordance with law.

In view of the above, without issuing notice of motion as it will

un-necessary delay the matter, this petition is disposed of with liberty to the

petitioner to make a representation to respondent No.2 within 15 days, with

a request to change his designation as Peon and then to consider him for

promotion against 20% quota posts of Clerks. If any such representation is

made within the stipulated period, respondent No.2 is directed to consider

and decide the same in accordance with law, expeditiously, preferably

within a period of three months.

August 18, 2009                            ( SATISH KUMAR MITTAL )
ndj                                                 JUDGE