Punjab-Haryana High Court
Prem Chand vs Punjab State Electricity Board ... on 15 December, 2023
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2023:PHHC:161179
RSA-796-1996 & RSA-1751-1996 2023:PHHC:161179
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
109
1. RSA-796-1996
Date of decision: 15.12.2023
PREM CHAND ..Appellant
Versus
PUNJAB STATE ELECTRICITY BOARD & ORS. ..Respondents
2. RSA-1751-1996
PUNJAB STATE ELECTRICITY BOARD & ORS. ..Appellants
Versus
PREM CHAND ..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Rakesh Nagpal, Advocate
for the appellant.
Mr. Y.P. Khullar, Advocate
for respondent.
ANIL KSHETARPAL, J(Oral)
1. These two cross-appeals arising from a common judgment
passed by the First Appellate Court while deciding the appeal in a suit filed
by Sh. Prem Chand have come up for final disposal. Sh. Prem Chand while
filing a suit for grant of decree of declaration with a consequential relief of
mandatory injunction prays that he may be promoted as a driver as his
juniors have been promoted.
2. In order to comprehend the issue involved in the present case,
the relevant facts, in brief, are required to be noticed.
3. After having been inducted into service on 16.08.1976 as T-
Mate (work charge basis), the plaintiff (Sh. Prem Chand) was promoted as a
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RSA-796-1996 & RSA-1751-1996 2023:PHHC:161179
cleaner on 01.01.1977. For a brief period of nearly three years, he has also
worked as a driver, though, he was never paid for it. He filed a suit for
decree of declaration that he is entitled to continue as a driver and he should
be given salary for his services between 12.10.1981 to 07.01.1985. In fact,
the suit was filed by the plaintiff when he got posted as a cleaner on a given
pay scale. Ultimately, the suit filed by the plaintiff was partly decreed. The
Court ordered that he will be entitled to the payment of salary as a driver,
however, the Court refused to grant decree for declaration that he is entitled
to be promoted as driver. On 27.07.1990, he again filed a civil suit. The
defendants while contesting the suit asserted that there is as such no
provision in the service rules to promote a cleaner to the post of the driver. It
was asserted that the drivers are selected and appointed directly by the
Subordinate Staff Selection Board and there is no provision for appointment
of drivers on the basis of promotion. The trial Court after taking note of the
service rules, dismissed the suit. However, the First Appellate Court held
that though the plaintiff has failed to prove that there is any provision in the
service rules for getting promoted to the post of driver from the post of
cleaner, nevertheless, since departmental officials have failed to show the
rules therefore, the appellant would be considered for promotion by the
department as and when vacancy arises in the department. That is how two
cross appeals arose from a common judgment. Sh. Prem Chand (plaintiff)
has already retired. After the judgment passed by the First Appellate Court,
his appointment as a driver was never made.
4. It is evident that in the service rules, there is no official channel
for promotion from the post of cleaner to the driver. However, the First
Appellate Court impressed by the fact that certain juniors have been
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RSA-796-1996 & RSA-1751-1996 2023:PHHC:161179
promoted as driver passed the judgment. It is well settled that wrong
committed by the officials cannot be perpetuated by issuing directions,
which is de hors the service rules.
5. Keeping in view the aforesaid facts, the observations made by
the First Appellate Court directing the Punjab State Electricity Board now
Punjab State Power Corporation Limited to consider the plaintiff for
promotion, are set aside.
6. The appeal filed by the Punjab State Electricity Board now
Punjab State Power Corporation Limited i.e. RSA-1751-1996, is disposed
of, whereas, that of the employee i.e. RSA-796-1996, is dismissed.
7. All the pending miscellaneous applications, if any, are also
disposed of.
December 15th, 2023 (ANIL KSHETARPAL)
Ay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:161179
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