Punjab-Haryana High Court
Ranvir Singh And Another vs State Of Punjab And Others on 1 October, 2013
Author: Mahesh Grover
Bench: Mahesh Grover
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P.No.12308 of 2013
Date of Decision : 1.10.2013
Ranvir Singh and another
....Petitioners
Versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present: Mr.J.S.Bhinder, Advocate
for the petitioners.
Mr.Nilesh Bhardwaj, DAG, Punjab.
Mr.R.L.Sharma, Advocate
for respondents No.2 to 4.
.....
MAHESH GROVER, J.
The petitioners impugn the orders Annexures P-9 and P-10. On 30.5.2013 the petitioners contended that vide impugned orders they have been reverted from the post of Assistant Lineman and the benefit given to them vide order Annexure P-5 in the year 2007 has been withdrawn and that these orders have been passed without hearing them.
Upon notice of motion having been issued, the respondents have filed their reply and have stated that the petitioners were never reverted and they continued to function as Assistant Lineman but the benefit of ALM was dependant upon passing of a test.
According to the own showing of the respondents, in the case of petitioner No.1 he was promoted as Assistant Lineman on Singh Daljit 2013.12.13 13:49 I attest to the accuracy of this document C.W.P.No.12308 of 2013 -2- 29.11.1996 and petitioner No.2 on 18.10.1996 and thus passing of the impugned orders in 2013 belies their claim.
In any eventuality, the respondents have not been able to satisfy this Court that the order altering their date of promotion was passed after affording an opportunity of hearing to the petitioners. Whether it is an order of reversion or an order altering the deemed date of promotion to the detriment of the petitioners that would be construed to be an order violating the rules of natural justice as no opportunity of hearing was given to them. Therefore, the writ petition is accepted and the impugned orders are set aside leaving the respondents with liberty to pass an order afresh after giving an opportunity of hearing to the petitioners.
Petition allowed.
1.10.2013 (MAHESH GROVER)
dss JUDGE
Singh Daljit
2013.12.13 13:49
I attest to the accuracy
of this document