Punjab-Haryana High Court
Vivek Chauhan vs Punjab State Power Corporation Limited ... on 30 August, 2012
Author: Rajesh Bindal
Bench: Rajesh Bindal
Singh Varinder
CWP No. 19740 of 2011 (1) 2012.09.05 10:22
Punjab & Haryana High Court
Punjab & Haryana High Court
at Chandigarh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 19740 of 2011 (O&M)
Date of decision : 30.8.2012
Vivek Chauhan ..... Petitioner
vs
Punjab State Power Corporation Limited and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashok Sharma Nabhewala, Advocate, for the petitioner.
Ms. Sarita Sangar, Advocate, for the respondents.
Rajesh Bindal J.
The petitioner, who was serving with the respondent- Corporation as Assistant Executive Engineer, has approached this court impugning the communication dated 4.10.2011, Annexure P-11, whereby he has been asked to deposit the salary and allowances for the period his notice tendering resignation was short from the minimum required period of six months.
Briefly, the pleaded facts are that the petitioner was appointed as Assistant Engineer vide appointment letter dated 10.5.2007. One of the clause in the appointment letter provided that the service can be dispensed with by giving three months' notice from either side. The petitioner was promoted as Assistant Executive Engineer vide order dated 27.1.2011. As the petitioner was selected in the Irrigation and Flood Control Department, Government of India, at Delhi vide letter dated 16.5.2011, he tendered his resignation giving three months' notice. In anticipation of acceptance of resignation letter, the petitioner submitted his departure report on 15.8.2011. Immediately on 17.8.2011, the petitioner was intimated that till such time his request for relaxation of the mandatory period of six months for tendering resignation is considered, he should remain in service and in case he wants to leave before the expiry of the notice period, he may deposit the Singh Varinder CWP No. 19740 of 2011 (2) 2012.09.05 10:22 Punjab & Haryana High Court Punjab & Haryana High Court at Chandigarh salary for the period which is short. The plea of the petitioner for relaxation of the notice period of six months was rejected vide communication dated 26.8.2011 (Annexure P-9). The petitioner represented for reconsideration of the matter referring to the terms mentioned in his appointment letter where the notice period was mentioned as three months. Even that request was rejected vide communication dated 4.10.2011 (Annexure P-11), which has been impugned in the present writ petition.
Learned counsel for the petitioner submitted that at the time of his appointment, it has specifically been mentioned in the appointment letter that his services can be terminated by either side by giving three months' notice or deposit in lieu of notice amount equivalent to three months salary and allowances or for the period which is less than three months. The petitioner in the present case though was promoted as Assistant Executive Engineer, however, it was not specified in the order of promotion that which rules are applicable and whether the notice period terminating the services will be six months as against three months. Once the terms were being changed, the petitioner was required to be intimated. He further submitted that even otherwise the petitioner was on probation on the promoted post and had not yet been confirmed, hence, the rules should not be applied which require notice period of six months for termination of service by either side. He further submitted that had the petitioner been informed at the initial stage, he could have served the Corporation for 3 more months further. It is unreasonable to ask the petitioner to pay salary for a period of three months now.
On the other hand, learned counsel for the respondents submitted that the services of the petitioner was governed by Punjab State Electricity Board, Service of Engineers (Civil) Regulations, 1965 (for short, 'the Regulations'). The said Regulations provide for all the conditions of service of Assistant Engineer and also the Assistant Executive Engineer. To plead that the petitioner was unaware of the service Regulations applicable to him is totally misconceived. Regulation 14 of the aforesaid Regulations clearly provides that the notice for termination of service by either side shall be six months in the case of Assistant Executive Engineers and three months in the case of Assistant Engineer. After the petitioner had been Singh Varinder CWP No. 19740 of 2011 (3) 2012.09.05 10:22 Punjab & Haryana High Court Punjab & Haryana High Court at Chandigarh promoted as Assistant Executive Engineer, notice period for termination of service shall be six months. In the present case, the petitioner having given notice only for a period of three months, he was either required to serve for a further period of three months after he was given intimation thereof or was required to deposit salary and allowances for three months. There is nothing wrong in the action of the Corporation in demanding salary and allowances for a period of three months from the petitioner as his notice was short by that time.
Heard learned counsel for the parties and perused the paper- book.
The only dispute which requires consideration in the present petition is as to whether the petitioner was required to serve notice for a period of three months or six months while tendering his resignation.
The facts are that the petitioner was initially appointed as Assistant Engineer on 10.5.2007. He was promoted as Assistant Executive Engineer from 27.1.2011. As per the Regulations applicable, an employee promoted to a new post remains on probation and the same was the condition in the promotion order of the petitioner as well. In the present case, there is no dispute that it is regular promotion and not merely giving charge of the post. The Regulations applicable for the post provide that in the case of Assistant Executive Engineer, the minimum period of notice required for termination of service is six months. Failure to give such notice will result in forfeiture of pay and allowances for the period the notice is short. The same is extracted below:-
"RESIGNATION
14. A member of the Service may at any time resign his appointment by giving notice of his intention to do so. The period of such notice shall be three months in the case of Assistant Engineers and shall be six months in the case of Assistant Executive Engineers and above. Failure to give such notice shall involve forfeiture of pay and allowances for the period of notice required."
In the present case, since the petitioner had merely served notice for a period of three months, though as per the Regulations Singh Varinder CWP No. 19740 of 2011 (4) 2012.09.05 10:22 Punjab & Haryana High Court Punjab & Haryana High Court at Chandigarh applicable for the post, the period required was six months, there is nothing wrong in the action of the Corporation requiring the petitioner to deposit salary and allowances for a period of three months for which the notice for resignation was short.
The contention of learned counsel for the petitioner that had the petitioner been informed at the initial stage about the requirement of giving notice of six months, he could have served the Corporation for another period of three months, is totally misconceived, for the reason that immediately after the petitioner relinquished his charge on 15.8.2011, he was intimated vide communication dated 17.8.2011 that till such time his request for relaxation of notice period is accepted, he should continue in service.
For the reasons mentioned above, I do not find any reason to quash the impugned communication dated 4.10.2011 (Annexure P-11), requiring the petitioner to deposit salary and allowances for the period of three months for which the notice for resignation was short. The amount be now deposited on or before 28.9.2012. In case of failure, consequences shall follow.
The writ petition stands dismissed.
30.8.2012 (Rajesh Bindal) vs. Judge