Punjab-Haryana High Court
Gagandeep Singh Raikhi vs Punjab State Power Corporation Ltd. & ... on 15 March, 2024
Neutral Citation No:=2024:PHHC:037908
2024:PHHC:037908
CWP-8632-2016 (O&M) -1-
216 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-8632-2016 (O&M)
Date of decision: 15.03.2024
GAGANDEEP SINGH RAIKHI ...PETITIONER
VERSUS
PUNJAB STATE POWER CORPORATION
LTD. AND ORS. ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr.A.S.Nabhewala, Advocate for the petitioner.
Mr. Abhilaksh Grover, Advocate for the respondents.
****
NAMIT KUMAR ,J. (ORAL)
1. The present writ petition has been filed by the petitioner claiming the
following relief:-
"i) Issue of a writ in the nature of Certiorari for quashing
the impugned Combined Tentative Seniority List (Annexure
P-7) issued by respondent No.2/Deputy Chief Engineer
(Personnel), Punjab State Power Corporation Limited, vide
letter dated 13.02.2014 (Annexure P-6) vide which juniors
as well as lower in merit than the present petitioner i.e.
respondent Nos.4 and 5 have been shown senior to the
present petitioner while mentioning their names at Seniority
Nos. 208 and 209 whereas subsequently the name of the
present petitioner has been shown at Seniority No.216
erroneously, illegally and arbitrarily.
ii) Issue of a writ in the nature of mandamus for directing
the respondents to promote the present petition as
Additional Assistant Engineer (Testing) from the date when
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Neutral Citation No:=2024:PHHC:037908
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the juniors to the present petitioner have been promoted that
is w.e.f 12.02.2013 alongwith all the consequential benefits
with interest at the rate of 12% per annum up to date."
2. Learned counsel for the respondents has produced a copy of the
judgment and decree dated 05.08.2023 passed in Civil appeal No. 561 of 2019
by the Court of learned Additional District Judge, Jalandhar.
3. Perusal of the same shows that the petitioner had also filed a civil suit
before the Court of learned ACJ SD, Jalandhar impugning the seniority list of
JEs and claiming promotion to the post of Additional Assistant Engineer w.e.f
24.06.2010. Having failed in the said civil suit, he preferred an appeal before the
first Appellate Court which has been allowed vide judgment and decree dated
05.08.2023 and the following relief has been granted.
"18. So, in view of above discussion, this Court is of the
considered view that the impugned judgment & decree
passed by the learned lower Court is not sustainable in the
eyes of law and as such, same stands set-aside and the
appeal filed by the appellant/plaintiff stands allowed. The
respondents/defendants No.1 & 2 are directed to reconsider
the seniority No.274(2) given vide order bearing No.13534
dated 07.11.2012 and appellant/plaintiff is entitled to
promotion as Additional Assistant Engineer w.e.f 24.06.2010
with all consequential benefits and arrears along with
interest @ 9% P.A. Decree sheet be prepared. Lower Court
record along with copy of this judgment be returned. The
appeal file be consigned to the Record Room.
(Rana Kanwardeep Kaur Chahal)
Additional District Judge,
Jalandhar (UID No.PB00223)"
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4. The relief claimed in the present petition has been merged in the relief
already granted to the petitioner in the judgment and decree dated 05.08.2023
passed by the learned Additional District Judge, Jalandhar, therefore, nothing
survives to be adjudicated in the present petition.
5. Disposed of.
15.03.2024 (NAMIT KUMAR)
renubala JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2024:PHHC:037908
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