Punjab-Haryana High Court
Sunder Singh Rawat vs Uttar Hry Bijli Vitran Nigam Ltd & Ors on 22 January, 2019
Author: Arun Monga
Bench: Arun Monga
CWP-28436-2013 (O&M) & -1-
other connected cases
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(1.)
CWP-28436-2013 (O&M)
Date of Decision:-22.02.2019.
Sunder Singh Rawat
.....Petitioner
Versus
Uttar Haryana Bijli Vitran Nigam Ltd. and others
......Respondents
(2.)
CWP-6721-2014 (O&M)
Pardeep Kumar
.....Petitioner
Versus
Uttar Haryana Bijli Vitran Nigam Ltd. and others
......Respondents
(3.)
CWP-6308-2014 (O&M)
Rajiv Jain
.....Petitioner
Versus
Uttar Haryana Bijli Vitran Nigam Ltd. and others
......Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
****
Present: Mr. Sanjiv Ghai, Advocate for the petitioner in all cases.
Mr. Pardeep Singh Poonia, Advocate for respondent Nos.1 to 3
in CWP-28436-2013 and CWP-6308-2014.
Mr. Gaurav Mohunta, Advocate and
Mr. Sudhir Kashyap, Advocate for respondent Nos.1 to 3 in
CWP-6721-2014.
****
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CWP-28436-2013 (O&M) & -2-
other connected cases
ARUN MONGA, J. (Oral)
1.) This common order of mine shall dispose of the above 3 writ petitions as the issue involved is identical.
2.) The present writ petitions have been filed by the petitioners, inter alia seeking issuance of a writ in the nature of certiorari to quash the letter/order dated 21.10.2013 (Anneuxre P-12).
3.) The lead argument of the learned counsel for the petitioners is that petitioners who belong to the general category are entitled to stepping up of their pay w.e.f. the date their juniors, who are from the reserved category have been given the benefit of the higher pay scales once the petitioners have caught up with them. The learned counsel for the petitioners contends that during the pendency of the writ petition, the petitioners have obtained copy of revised seniority list dated 02.04.2014 (Annexure P-14) of the Commercial Assistants wherein the petitioners are reflected as seniors to their reserved category counterparts after they had caught up with them.
4.) Learned counsel for the petitioners also contends that even otherwise the impugned order dated 21.10.2013 (Annexure P-12) is contrary to the law laid down by this Court in case titled as "Charan Dass Vs. State of Haryana" CWP No.5956 of 2008 (Annexure P-2). He also contends that it is a case of non- compliance of the instructions dated 14.10.1999 (Annexure P-1) followed by subsequent instructions dated 20.02.2013 (Annexure P-7) as also instructions dated 21.03.2013 (Annexure P-8), 17.06.2013 (Annexure P-9) and finally, the instructions dated 18.12.2013 (Annexure P-10).
5.) Succinctly, the factual background of the case is that the petitioners had joined the service in the erstwhile Haryana State Electricity Board (presently Uttar Haryana Bijli Vitran Nigam Limited) as Lower Division Clerks in the field cadre. For promotion to the post of Upper Division Clerk from Lower Division Clerk, the departmental accounts examination of ministerial establishment is 2 of 7 ::: Downloaded on - 17-03-2019 09:04:37 ::: CWP-28436-2013 (O&M) & -3- other connected cases required to be passed. The petitioners state that they passed the said examination in the year 2000 and after clearing the same, they were promoted as Upper Division Clerks. It is further stated that the seniority as Upper Division Clerks is to be maintained on the basis of clearance of the examination conducted by the Department as per the promotion policy dated 19.10.1990 (Annexure P-13).
6.) The petitioners contend that the private respondents who belong to the reserved category of Scheduled Caste were much junior to the petitioners as Upper Division Clerks as reflected by the tentative seniority list of the field cadre, which later attained finality.
7.) In CWP-28436-2013, the petitioner was promoted as Commercial Assistant w.e.f. 06.04.2010 and as per the revised seniority list dated 02.04.2014 (Annexure P-14), the petitioner caught up with the private respondent Nos.4 to 7 at the level of Commercial Assistant. Learned counsel for the petitioner contends that in view of instructions dated 18.12.2013 (Annexure P-10), the petitioner is entitled to the benefit of stepping up of his pay irrespective of any cut off date. It would be instructive to reproduce the relevant part of the instructions, ibid, before proceeding further with the matter:-
"I am directed to invite your attention towards Government instructions issued vide letter No.22/132/2008- 3GS III, dated 5.3.2009 vide which it was decided to give the benefit of stepping up of pay to the general category employees at par with that of their junior counterparts. However, this benefit was to be given notionally from the date his junior belonging to reserved category was promoted and actual benefit was to be admissible from the date of his actual date of promotion in the respective cadre. Thereafter, vide letter No.22/132/2008-3GS-III, dated 23.11.2009, it was clarified that there cannot be the lower cut-off date in terms of seniority envisaged in the judgment pronounced by the Apex Court in R.K. Sabharwal case. However, the upper cut-off date was fixed as 15.3.2006 in view of the implementation of 3 of 7 ::: Downloaded on - 17-03-2019 09:04:37 ::: CWP-28436-2013 (O&M) & -4- other connected cases 85th amendment to the Constitution of India by the Government of Haryana on 16.3.2006.
Now, the instructions dated 16.3.2006, the base on which upper cut-off date for grant of benefit of stepping up of pay was fixed as 15.3.2006, has been quashed by the Hon'ble Punjab & Haryana High Court in CWP 17280 of 2011 - Prem Kumar Verma and Others Vs. State of Haryana.
Keeping in view the above decision, the matter has been reconsidered in consultation with Legal Remembrancer, Haryana and it has been decided that since the instructions dated 16.3.2006 providing accelerated seniority to the reserved category candidates have been quashed by Hon'ble Punjab & Haryana High Court, the candidates of general category will be entitled for benefit of stepping up of their pay irrespective of any cut off date as setforth earlier."
8.) As regards CWP-6721-2014, the petitioner was promoted as Commercial Assistant w.e.f. 17.05.2011 and as per the revised seniority list dated 02.04.2014 (Annexure P-14), ibid, the petitioner is reflected as Sr. No.469 while respondent No.4 is reflected at Sr. No.498. Thus, clearly it is the conceded case that the petitioner has caught up with his counterpart.
9.) In CWP-6308-2014, the petitioner was promoted as Commercial Assistant on 01.07.2009 and subsequently he was promoted as Head Clerk on 02.03.2012 and as per the revised seniority list, he is shown at Sr. No.159 as against the private respondents No.4 to 10 who are shown at Sr. No.189, 186, 184, 188, 191, 192 and 193, respectively. Thus, contends the learned counsel for the petitioner, as per the conceded position reflected by the revised seniority list prepared by the Uttar Haryana Bijli Vitran Nigam Limited, the petitioner has caught up with the private respondents.
10.) For facility of reference the above factual position of all the petitioners is summarized by way of a consolidated chart of all the 3 petitioners in the different writ petitions as produced hereinbelow:-
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other connected cases CHART Petitioner Respondent CWP- CWP- CWP-
28436- 6721-2014 6308-
2013 2014
Name Sunder Pardeep Rajiv Smt. Ram Jaswinder Naresh Meena Baljinder Kehar Deep
Singh Kumar Jain Poonam Dass Sood Kumar Vij Singh Singh Chand
Rawat Rani
DOB 05/10/69 01/02/73 20-10- 26-7-69 07/04/6 23-12-67 25-3-68 09/11/59 02/07/59 28-10-55 23-5-59
69 0
DOJ as LDC 04/11/87 06/12/90 04/12/9 04/04/88 14-11- 26-5-98 26-8-92 22-5-80 29/7/88 01/04/87 20-9-79
1 83
Year of passing 2000 2002 1994 1996 2000 1998 2000 2002 2002 2003 -
Deptt. Exam
Date of 06/11/00 08/10/02 28-10- 26-8-96 08/11/0 26-5-98 17-11-00 03/10/02 29-10-02 24-9-03 10/03/06
Promotion as 94 0
UDC
Seniority No.as 486 660 339 386 469 397 494 652 659 699 886
UDC (As per
CE OP Rohtak,
memo
no.CH.118/UD
C/Sty dt.
03.11.08
Date of 06/04/10 17-5-11 01/07/0 21-10-05 07/10/0 24-9-03 03/01/05 23-8-06 13-9-06 23-8-06 01/07/08
promotion as 9 3
Commercial
Asstt.
Seniority No. as 441 469 - - - - - 463 468 498 546
CA (As per
revised seniority
list circulated by
CE OP Rohtak
vide memo no.
CH-29/Comll.
Astt/sty/vol-II
dated 2.4.14
Date of - - 01/06/1 25-5-07 14-3-07 10/05/07 17-5-07 19-9-08 20-8-09 31-8-09 -
Promotion as 1
Cicle Assistant
Seniority No.As - - 180 225 222 227 224 229 230 231 -
Circle Assistant
(As per revised
seniority list
circulated by CE
OP Rohtak vide
memo no.Ch-
131/Circle.
Astt/sty/vol-II
dated 25.04.14
Date of - - 02/03/1 20-6-08 28-5-08 27-5-08 29-5-08 30-10-09 15-9-10 15-9-10 Retired
Promotion as 2 on 31-5-17
Head Clerk/Dy.
Suptd.
Seniority No.As - - 159 189 186 184 188 191 192 193
Head Clerk/Dy.
Supdt (As per
revised seniority
list circulated by
CE OP Rohtak
vide memo no.
CH-170/Head
clerk/sty dated
16.7.14
Date of - - - 01/02/10 05/06/0 05/06/09 18-6-09 25-10-11 29-6-12 17-5-12
promotion as 9
Circle Supdt.
Retd. Retd. On Retd. on Retd. on
On 30- 30-07-17 31-7-17 31.10.13
4-18
11.) Per contra, the above factual background is controverted in the
replies filed by the respondents placing reliance on a comparative chart (Annexure 5 of 7 ::: Downloaded on - 17-03-2019 09:04:37 ::: CWP-28436-2013 (O&M) & -6- other connected cases R-1) filed with the reply in CWP-6308-2014. As per the said chart, the petitioners have been shown to have not caught up with the private respondents and, accordingly, it is contended that they are not entitled to the benefit of stepping up of their pay.
12.) I have gone through the pleadings filed in all these cases and have heard the learned counsels appearing for the respective parties.
13.) I am of the opinion that the claim of the petitioners has been wrongly denied by the respondents. The petitioners have successfully demonstrated as per the conceded position reflected in the seniority list prepared by the respondents (Annexure P-14 in CWP-28436-2013), wherein the petitioners are shown senior to their counterparts (the private respondents) and it is clearly reflected that they caught up with the latter.
14.) Even otherwise, I am in agreement with the learned counsel for the petitioners that even if the chart (Annexure R-1) prepared by the respondents is assumed to be correct, then also the petitioners are entitled to the benefit of stepping up of their pay. Although, the reliance placed by the learned counsel for the respondents on the chart (Annexure R-1) is directly in conflict with the revised seniority list, prepared as on 02.04.2014.
15.) The replies in the writ petitions though have been filed subsequent to the preparation of the revised seniority list but the said seniority list has been conveniently not placed on record by the respondents along with the replies. Intriguingly, a chart has been prepared which is not in consonance with the seniority list. Therefore, no reliance on the said chart can be placed. It is irrefragable position that the seniority list dated 02.04.2014 is not under challenge and it is a document prepared by the respondents themselves and they cannot resile or back out of the same.
16.) Accordingly, keeping in view the revised seniority list and also accepting the arguments of the learned counsel for the petitioners which are fair 6 of 7 ::: Downloaded on - 17-03-2019 09:04:37 ::: CWP-28436-2013 (O&M) & -7- other connected cases and reasonable, I allow the writ petitions with the directions to the respondents to grant the benefit of step up of pay of the petitioners at par with their junior counterparts w.e.f. the date the same was granted to the private respondents. The petitioners shall also be entitled to all the consequential benefits along with interest @ 6% per annum w.e.f. the date their entitlement is found to be due till payment. Let the needful be done within a period of 3 months from the date of receipt of certified copy of this order.
(ARUN MONGA) JUDGE February 22, 2019.
sandeep
Whether speaking/reasoned:- Yes / No
Whether Reportable:- Yes / No.
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