IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No.12546 of 2004
Date of decision: 4.8.2008
Rajinder Singh
-----Petitioner
Vs.
Haryana Power Generation Corpn. Limited and others
-----Respondents
CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
HON'BLE MR JUSTICE RAKESH KUMAR GARG
Present: Mr. Ashwani Kumar Bura, Advocate for the petitioner.
Mr. Kulvir Narwal, Addl.A.G.Haryana for the State.
Mr. Narender Hooda, Advocate for respondent No.3.
Adarsh Kumar Goel, J.
This petition seeks quashing of order dated 9.7.2004,
Anenxure P.2 and for direction to consider the petitioner for
promotion to the post of Boiler Controller.
Case of the petitioner is that he joined as Plant
Attendant Grade II in the establishment of the respondents w.e.f
18.8.1988. He was promoted as Plant Attendant Grade-I w.e.f
16.10.1992. He passed diploma in Mechanical Engineering in June
1991. He was promoted as Operator II w.e.f 4.6.2001. He sought
Civil Writ Petition No.12546 of 2004 2
promotion to the post of Boiler Controller of which the post was
lying vacant. He filed CWP No.6633 of 2004 which was disposed
of on 23.4.2004 with a direction to decide the representation. The
representation was rejected on 9.7.2004.
In the reply filed, stand taken on behalf of respondent
No.3 is that the petitioner was working as Operator Grade I since
4.1.2005 but he was not eligible for promotion to the post of
Boilder Controller on his seniority. As per rule quoted in para 7 of
the reply, promotion could be given to the employees having four
years experience on the post of Operator Grade I or on the post of
Senior Operator depending upon two categories specified therein.
The petitioner having no experience as Senior Operator and his
experience as Operator Grade I being less than four years, he was
not eligible for promotion.
In view of above position, we are unable to issue a
direction for promotion of the petitioner. We record the statement
of learned counsel for the contesting respondents that the case of
the petitioner will be considered on his turn in accordance with
law.
The petition is disposed of.
(Adarsh Kumar Goel)
Judge
August 4, 2008 (Rakesh Kumar Garg)
'gs' Judge
Civil Writ Petition No.12546 of 2004 3