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Punjab-Haryana High Court

Madan Lal S/O Sunder Singh R/O Vill. ... vs Bhakra Beas Management Board (Bbmb) on 7 May, 2012

Author: K.Kannan

Bench: K.Kannan

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


                       Civil Writ Petition No. 14572 of 2010(O&M)
                       Date of decision: 7th May, 2012


Madan Lal s/o Sunder Singh r/o Vill. Kothi P.O. Kosarian, Teh.
Jahandutta, Distt. Bilaspur (H.P.) and others
                                       ........ Petitioners

                 Versus

Bhakra Beas Management Board (BBMB), Sector-19B,
Chandigarh through its Chairman and others
                                  ........ Respondents


BEFORE: HON'BLE MR. JUSTICE K.KANNAN

Present: Mr. Dharampal, Advocate
         for the petitioners.

           Mr. Sumit Gupta, Advocate
           for respondents No. 1 to 4.

K.Kannan,J.(Oral)

Civil Misc.No. 6386 of 2012 The application for issuing direction to the respondents to provide employment in terms of alleged admission cannot be granted since I find on examination of the reply that no such admission is made.

Civil Misc. application is dismissed.

Civil Writ Petition No. 14572 of 2010 The petitioners grievance is that they are being retained for 89 days on contract but this contract period is devised to deny to them regular employment and regular scale of pay. They have a grievance that the salary that was paid previously was ` 7,562/- Civil Writ Petition No. 14572 of 2010 -2- but was subsequently reduced to ` 7,026/-. It is contended by the respondent in the reply that they are maintaining a seniority list and have been engaging persons, as and when vacancy arise only on the basis of seniority list only. There has been also a direction by Hon'ble Division Bench of this Court in CWP No. 10982 of 2003 titled as Rajinder Kumar vs. BBMB on 20.01.2004, in a case similar to the present case at the instance of another employee against the same respondent that the respondent management would frame the seniority list of employees and appoint them as per seniority list without calling upon them to apply afresh every year. The same directions are also issued in this case and the respondents would consider giving them some security of tenure and other service benefits by taking a suitable decision, in the manner contemplated by the judgment referred to above. With these observations, this writ petition is disposed of in terms of the order dated 20.01.2004.

[K.KANNAN] JUDGE 7th May, 2012 Shivani Kaushik