Chiranji Lal vs Uttar Haryana Bijli Vitran Nigamn ... on 1 July, 2013

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Punjab-Haryana High Court

Chiranji Lal vs Uttar Haryana Bijli Vitran Nigamn ... on 1 July, 2013

Bench: M.M.S. Bedi

CWP-13658-2013 (O&M)


       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH


                        CWP-13658-2013 (O&M).
                        Date of decision: July 1, 2013.

Chiranji Lal
                                                               ..... Petitioner

                  Versus

Uttar Haryana Bijli Vitran Nigamn Limited and others.

                                                       ..... Respondents

CORAM:            HON'BLE MR. JUSTICE M.M.S. BEDI

PRESENT           Mr.K.L.Dhingra, Advocate,
                  for the petitioner.

M.M.S. BEDI, J. (ORAL)

After having been promoted as lower division clerk from the post of Chowkidar, Class IV, the petitioner is requied to pass a typing test.

Counsel for the petitioner submits that as per the policy decision dated 10.5.1989, there is no condition for passing of typing test for promotion to the post of lower division clerk.

Through the instant writ petition, the petitioner seeks a direction to the respondents to withdraw from the promotion order Annexure P-1, condition No.4 requiring passing of typing test in view of the revised recruitment and promotion policy in respect of lower division clerk dated 10.5.1989.

Counsel for the petitioner relies upon legal precedents in the shape of judgments, copies of which have been 1 CWP-13658-2013 (O&M) placed on record as Annexures P5, P6, P7 & P8.

The petitioner appears to have submitted a representation Annexure P-9 dated 10.5.2013, through his counsel for withdrawal of the condition of passing of typing test.

This petition is disposed of with a direction to the Managing Director, Uttar Haryana Bijli Vitran Nigamn Limited, Shakti Bhavan, Sector 6, Panchkula, to decide the claim of the petitioner as put forth in Annexure P9 dated 10.5.2013 within a period of three months after the receipt of a copy of this order. In case the Managing Director, Uttar Haryana Bijli Vitran Nigamn Limited, Shakti Bhavan, Sector 6, Panchkula, opts to reject the claim of the petitioner, he would be required to pass a detailed speaking order taking into consideration the judicial precedents appended with the petition as Annexures P5, P6, P7 & P8.

Counsel for the petitioner is directed to ensure that the copy of the order along with copy of the writ petition is submitted in the office of the Managing Director, Uttar Haryana Bijli Vitran Nigamn Limited, Shakti Bhavan, Sector 6, Panchkula.

The Registry is also directed to send a copy of the order to the concerned authority.

(M.M.S. BEDI) July 1, 2013. JUDGE rka 2

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