Punjab-Haryana High Court
Rishal Singh vs The Chief Engineer on 24 August, 2011
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 15491 of 2011 -1-
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
CWP No. 15491 of 2011
Date of Decision :24.08.2011
Rishal Singh
.......... Petitioner
Versus
The Chief Engineer, Uttar Haryana Bijli Vitran Nigam, Panchkula &
others
...... Respondents
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CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. S.K. Sud, Advocate
for the petitioner.
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AUGUSTINE GEORGE MASIH,J. (ORAL)
Counsel for the petitioner contends that the petitioner joined the post of Shift Attendant on 8.3.1972 whereas Satbir Singh-respondent No.3 on 13.8.1979. His contention is that the petitioner was senior to Sh. Satbir Singh-respondent No.3, who belongs to the reserved (Scheduled Caste) category. The petitioner was promoted as Junior Engineer on 25.4.2002 whereas Sh. Satbir Singh-respondent No.3 was promoted as Junior Engineer on 19.2.1986, which promotion was granted to him because of roster point which belongs to the Scheduled Caste category. He contends that on his promotion to the Post of Junior Engineer the petitioner was entitled to the benefit of the judgment of the Hon'ble Supreme Court in the case of Ajit Singh and Ors. vs. State of Punjab and others reported in JT 1999(7) SC 153. A similar claim was considered CWP No. 15491 of 2011 -2- by a Division Bench of this Court in CWP No. 5956 of 2008 titled 'Charan Dass vs. State of Haryana' decided on 18.11.2008 wherein it was held that the employee belonging to the general category would be entitled to stepping up of his pay scale on the date of his promotion to the next higher post at par with his junior, who had been promoted earlier when benefit of roster point was granted to him. He contends that the petitioner had made a detailed representation dated 12.5.2011 (Annexure P/2) to the respondents which is pending consideration with the Chief Engineer, Uttar Haryana Bijli Vitran Nigam, Panchkula-respondent No.1. He contends that the petitioner at this stage would be satisfied if a direction is issued to the Chief Engineer, Uttar Haryana Bijli Vitran Nigam, Panchkula-respondent No.1 to consider and decide the claim of the petitioner as made by him through his representation dated 12.5.2011 (Annexure P/2) within some specified time.
Without going into the merits of the case or commenting thereon the present writ petition is disposed of with directions to the Chief Engineer, Uttar Haryana Bijli Vitran Nigam, Panchkula-respondent No.1 to consider the claim of the petitioner as submitted by him through his representation dated 12.5.2011 (Annexure P/2) within a period of three months from the date of receipt of certified copy of this order. In case the claim of the petitioner is accepted, the requisite relief be granted to him and arrears be released within a period of six weeks thereafter.
24.08.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE