Punjab-Haryana High Court
Parveen Arora And Others vs Haryana Power Generation Corporation ... on 9 January, 2014
Bench: Jasbir Singh, Harinder Singh Sidhu
In the High Court of Punjab and Haryana, at Chandigarh
1. Civil Writ Petition No. 16330 of 2005
Parveen Arora and Others
... Petitioners
Versus
Haryana Power Generation Corporation Limited and Others
... Respondents
2. Civil Writ Petition No. 9175 of 2006 Atul Kumar Jain ... Petitioner Versus Haryana Power Generation Corporation Limited and Others ... Respondents
3. Civil Writ Petition No. 11909 of 2006 Vijender Sangwan and Others ... Petitioners Versus Haryana Power Generation Corporation Limited and Others ... Respondents
4. Civil Writ Petition No. 12099 of 2006 Raj Kumar Sharma and Another ... Petitioners Versus Haryana Power Generation Corporation Limited and Others ... Respondents Bhardwaj Deepak Kumar 2014.01.17 12:36 I attest to the accuracy and integrity of this document Civil Writ Petition Nos. 16330 of 2005 2 and Other connected cases.
5. Civil Writ Petition No. 16883 of 2006 Sukhdev Singh and Others ... Petitioners Versus Haryana Power Generation Corporation Limited and Others ... Respondents
6. Civil Writ Petition No. 16898 of 2006 Jagdish Parshad and Others ... Petitioners Versus Haryana Power Generation Corporation Limited and Others ... Respondents
7. Civil Writ Petition No. 17721 of 2006 Dharam Bir ... Petitioner Versus Haryana Power Generation Corporation Limited and Others ... Respondents
8. Civil Writ Petition No. 5300 of 2007 Sukhbir Singh ... Petitioner Versus Haryana Power Generation Corporation Limited and Others ... Respondents Bhardwaj Deepak Kumar 2014.01.17 12:36 I attest to the accuracy and integrity of this document Civil Writ Petition Nos. 16330 of 2005 3 and Other connected cases.
9. Civil Writ Petition No. 8431 of 2007 Narender Sharma and Others ... Petitioners Versus Haryana Power Generation Corporation Limited and Others ... Respondents
10. Civil Writ Petition No. 13409 of 2007 Atul Pasrija and Others ... Petitioners Versus Uttar Haryana Bijli Vitran Nigam Limited and Others ... Respondents AND
11. Civil Writ Petition No. 1593 of 2008 Satyavir Singh Yadav ... Petitioner Versus Haryana Power Generation Corporation Limited and Others ... Respondents Date of Decision: 9.1.2014 CORAM: Hon'ble Mr. Justice Jasbir Singh.
Hon'ble Mr. Justice Harinder Singh Sidhu. Present: Mr. Ashwani Talwar, Advocate for the petitioners (In Civil Writ Petition Nos. 16330 of 2005, 13409 & 8431 of 2007). Bhardwaj Deepak Kumar 2014.01.17 12:36 I attest to the accuracy and integrity of this document Civil Writ Petition Nos. 16330 of 2005 4 and Other connected cases.
Mr. R.K.Malik, Senior Advocate with Mr. Nikhil Sharma, Advocate for the petitioners (In Civil Writ Petition Nos. 9175 and 11909 of 2006).
Mr. Anurag Goyal, Advocate for the petitioners (In Civil Writ Petition Nos. 16883 & 16898 of 2006 and 5300 of 2007). Mr. Rakesh Sobti, Advocate for the petitioners (In Civil Writ Petition No. 12099 of 2006).
Mr. N.D.Kalra, Advocate for the petitioner (In Civil Writ Petition No. 1593 of 2008).
Mr. Rajiv Atma Ram, Senior Advocate with Mr. Aman Bahri, Advocate for respondents No.3 to 17 (In Civil Writ Petition No. 16330 of 2005).
Mr. Sanjay Singh, Advocate for Mr. Karanveer Singh Kehar, Advocate for respondents No. 34 to 36 (In Civil Writ Petition No. 16330 of 2005) and respondents No.4 to 6 (In Civil Writ Petition No. 13409 of 2007). Jasbir Singh, Judge (Oral) This order will dispose of 11 writ petitions viz. Civil Writ Petition Nos. 16330 of 2005 titled as "Parveen Arora and Others v. Haryana Power Generation Corporation Limited and Others", No. 9175 of 2006 titled as "Atul Kumar Jain v. Haryana Power Generation Corporation Limited and Others", No. 11909 of 2006 titled as "Vijender Sangwan and Others v. Haryana Power Generation Corporation Limited and Others", No. 12099 of 2006 titled as "Raj Kumar Sharma and Others v. Haryana Power Generation Corporation Limited and Others", No. 16883 of 2006 titled as "Sukhdev Singh and Others v. Haryana Power Bhardwaj Deepak Kumar 2014.01.17 12:36 I attest to the accuracy and integrity of this document Civil Writ Petition Nos. 16330 of 2005 5 and Other connected cases.
Generation Corporation Limited and Others", No. 16898 of 2006 titled as "Jagdish Parshad and Others v. Haryana Power Generation Corporation Limited and Others", No. 17721 of 2006 titled as "Dharam Bir v. Haryana Power Generation Corporation Limited and Others", No. 5300 of 2007 titled as "Sukhbir Singh v. Haryana Power Generation Corporation Limited and Others", No. 8431 of 2007 titled as "Narender Sharma and Others v. Haryana Power Generation Corporation Limited and Others", No. 13409 of 2007 titled as "Atul Pasrija and Others v. Uttar Haryana Bijli Vitran Nigam Limited and Others" and No. 1593 of 2008 titled as "Satyavir Singh Yadav v. Haryana Power Generation Corporation Limited and Others", as the common questions of law and facts are involved therein. To dictate order, facts are being taken from Civil Writ Petition No. 16330 of 2005.
By filing this writ petition, petitioners have laid challenge to order dated 15.9.2005 (Annexure P1) vide which seniority inter-se the parties was fixed in terms of order passed by this Court. Petitioners were not satisfied with the above order. They approached this Court by filing this writ petition.
It is their grievance that respondents were promoted and adjusted in the posts meant for the petitioners. Be that as it may, during pendency of this writ petition, various interim orders were passed to settle matter between the parties. On 9.5.2012, following order was passed by this Court:-
"Adjudication of the dispute in hand is likely to affect Bhardwaj Deepak Kumar 2014.01.17 12:36 I attest to the accuracy and integrity of this document Civil Writ Petition Nos. 16330 of 2005 6 and Other connected cases.
inter-se rights of direct recruits and promotees. The issues involved in these petitions are a legacy of the then Haryana State Electricity Board, now represented by four different companies.
We, therefore, direct Mr. Narender Hooda, Standing Counsel for these companies, to get in touch with the Managing Directors of these companies and if possible work out a solution that would satisfy the rights of all concerned.
Adjourned to 17.05.2012."
The Haryana Power Generation Corporation Limited was directed to work out a solution so that rights and entitlement of the petitioners and the respondents, inter se, is not harmed. In response thereto, on 17.5.2012, a proposal was placed on record. The said proposal reads thus:-
"Matter discussed today i.e. on 15.5.2012 in the chamber of Chairman of Haryana Power Utility wherein all M.Ds were also present. As per the discussion held only workable solution which is also legally sustainable is that the quota post of promotees be calculated as per availability of quota in terms of policy in vogue and they may be re-assigned seniority from the date their quota post is available. The above will settle grouse of direct recruits who were otherwise appointed in the year 1993 i.e. much after date of promotions/deemed dates given in 1991 to Rajinder Singh Bhardwaj Deepak Kumar 2014.01.17 12:36 I attest to the accuracy and integrity of this document Civil Writ Petition Nos. 16330 of 2005 7 and Other connected cases.
Redu & others. Even otherwise as per the settled law a direct recruit will get seniority from the date he is borne on the cadre while a promotee will get seniority from the date quota post is available.
Re-fixation of seniority may entail reversion of promotions carried out in excess of quota or non-availability of quota and consequently refixation of pay. The Standing Counsel may be apprised of the above stand of Utilities by way of short affidavit in order to comply with the directions contained in order dated 9.5.2012."
In the proposal made, a solution has been offered. Counsel for the petitioners are satisfied with the proposal made and have no objection to the same. Counsel for respondents No.3 to 17 states that in earlier round of litigation, some favourable judgments were passed in favour of the respondents, protecting their rights and those may be kept in mind when acting upon the proposal, so made. Those judgments have been placed on record as Annexures P7 & P8, respectively.
In view of above facts, the above writ petitions are disposed of. The authorities are directed to act in terms of the decision taken on 15.5.2012 which was placed on record of this Court on 17.5.2012. In terms of that decision, let fresh exercise be done to settle right of the parties. When making that exercise, judgments, passed in favour of respondents No.3 to 17 and similarly situated other persons be kept in mind. When making above said exercise, the decision taken on Bhardwaj Deepak Kumar 2014.01.17 12:36 I attest to the accuracy and integrity of this document Civil Writ Petition Nos. 16330 of 2005 8 and Other connected cases.
15.9.2005 (Annexure P1) shall not affect rights of the parties. The exercise shall be done within five months from the date of receipt of a certified copy of this order. Liberty shall remain with the parties not satisfied with the order to be passed to approach this Court.
(Jasbir Singh) Judge (Harinder Singh Sidhu) Judge January 9, 2014 "DK"
Bhardwaj Deepak Kumar 2014.01.17 12:36 I attest to the accuracy and integrity of this document