Om Kumar Dalal And Another vs Dakshin Haryana Bijli Vitran … on 27 July, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                  C.W.P. No. 10602 of 2009
                                        DATE OF DECISION : 27.07.2009

Om Kumar Dalal and another

                                                         .... PETITIONERS

                                   Versus

Dakshin Haryana Bijli Vitran Nigam and others

                                                       ..... RESPONDENTS


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


Present:    Mr. D.S. Rawat, Advocate,
            for the petitioners.

                         ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners, who were promoted by the respondent Nigam

as Junior Engineer-I vide order dated 7.6.2007 (Annexure P-1), have filed

the instant petition for quashing the order dated 13.7.2009 (Annexure P-5),

whereby they have been reverted from the post of Junior Engineer-I to the

post of Junior Engineer on the ground that their promotion was beyond the

cadre strength of Junior Engineer-I.

It is the case of the petitioners that the sanctioned strength of

the cadre of Junior Engineer-I is 118 and at present, 46 posts are lying

vacant and in spite of that, the respondents have reverted the petitioners on

the ground that their promotion was beyond the cadre strength.

After hearing counsel for the petitioners and in view of the fact
CWP No. 10602 of 2009 -2-

that there is a dispute with regard to the present sanctioned and working

strength of Junior Engineer-I, without issuing notice of motion, as it will un-

necessary delay the matter, this petition is disposed of with a direction and

liberty to the petitioners to make a detailed representation to the respondents

showing the cadre strength and the present working strength of Junior

Engineer-I in support of their case that their promotion was not beyond the

cadre strength. If any such representation is filed within one week,

respondent No.2 is directed to consider and decide the same, after providing

an opportunity of hearing to the petitioners, within one month by passing a

speaking order. In case, the earlier promotion of the petitioners is found

within the cadre strength of Junior Engineer-I, the respondents will consider

for withdrawal of their reversion order.

July 27, 2009                              ( SATISH KUMAR MITTAL )
ndj                                                 JUDGE