Punjab-Haryana High Court
Bhuvnesh Kumar And Others vs Punjab State Power Corp.Ltd And Another on 12 March, 2024
Neutral Citation No:=2024:PHHC:035180
231
2024:PHHC:035180
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-12325-2018 (O&M)
Date of decision: 12.03.2024
Bhuvnesh Kumar and Others
....Petitioners
Versus
Punjab State Power Corporation Limited and Another
....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Sunny Singla, Advocate
for the petitioners.
Mr. Vikas Chatrath, Advocate
for the respondents.
NAMIT KUMAR J. (Oral)
1. Prayer in this writ petition filed by the petitioners under
Articles 226/227 of the Constitution of India, is for issuance of a writ in
the nature of certiorari, for quashing the impugned "Clause 9"
(Selection Criteria) of advertisement dated 13.04.2017 (Annexure P-2),
being violation and contrary to the judgment of the Hon'ble Supreme
Court in case reported as AIR 1995 (SC) 1115 titled as "UP State Road
Transport Corporation vs U.P. Parivahan Nigam Shishukhs Berozgar
Sangh and others" (Annexure P-3) and the judgment of Division Bench
of this Court in "Darshan Singh and others vs B.B.M.B. and others",
2008 (2) SCT 815. Further a writ of mandamus has been sought for
directing the respondents to consider the claim of the petitioner against
the post of Assistant Linemen according to their inter se seniority of
undergoing Apprenticeship Training and merit for the post in question
with all consequential benefits in view of guidelines laid down by the
Hon'ble Supreme Court in "UP State Road Transport Corporation vs
U.P. Parivahan Nigam Shishukhs Berozgar Sangh and others"
(Annexure P-3) and during the pendency of the present writ petition,
respondent - Corporation be restrained from filling up the posts of
1 of 2
Neutral Citation No:=2024:PHHC:035180
CWP-12325-2018 (O&M) -2- 2024:PHHC:035180
Assistant Linemen in pursuance of the impugned advertisement dated
13.04. 2017 (Annexure P-2) without framing the criteria of selection in
terms of law laid down by the Hon'ble Supreme Court in "U.P. State
Road Transport Corporation vs U.P. Parivahan Nigam Shishukhs
Berozgar Sangh and others" (Annexure P-3) and Division Bench
judgment of this Court in "Darshan Singh and others vs B.B.M.B. and
others", 2008 (2) SCT 815.
2. Learned counsel for the petitioners submits that out of total
09 petitioners, 07 petitioners i.e. petitioners No.1, 2, 3, 5, 6, 7 and 9
have already been appointed in the subsequent selection made in
pursuance to the advertisement No.295 of 2017. He further submits that
the present petition may be disposed of with liberty to the remaining
petitioners i.e. petitioners No.4 and 8, to submit a justice demand notice
to the respondents and time bound directions may be issued to the
respondent/Corporation to consider and decide the same keeping in
view the law laid down by the Division Bench of this Court in LPA
No.1940 of 2016, titled as "Rajesh Kumar and others vs PSPCL and
others", decided on 03.07.2019.
3. In view of the above, the present petition is disposed of
with a direction to the respondents/Corporation that if any such
representation/justice demand notice is served by the aggrieved
petitioners within a period of 01 month from today, the same shall be
considered and decided within a period of 03 months thereafter.
(NAMIT KUMAR)
JUDGE
12.03.2024
yakub
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2024:PHHC:035180
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