Punjab-Haryana High Court
Haryana Sehri Vikas Pradhikaran Hsvp ... vs Krishan Kumar on 18 November, 2024
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=2024:PHHC:149471-DB
LPA-2868-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.112 LPA-2868-2024 (O&M)
Date of decision: 18.11.2024
Haryana Sehri Vikas Pradhikaran (HSVP) and others ....Appellants
Versus
Krishan Kumar ....Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Deepak Balyan, Advocate and
Mr. Vicky Chauhan, Advocate, for the appellants.
* * *
DEEPAK SIBAL, J. (Oral)
1. With effect from 01.02.1996, the respondent's services were
regularized as a Plumber Helper and he was placed in the pay scale of
Rs.950-1400. Thereafter, on 12.07.2001, the respondent was promoted as
Plumber Grade-II on which post he presently serves. Through the order
dated 09.06.2020, the appellant - HSVP withdrew the aforesaid regular pay
scale granted to the respondent w.e.f. 01.02.1996. Such order was challenged
by the respondent through filing of a petition before this Court which, through
the impugned judgment, has been accepted by a learned Single Judge of this
Court.
2. Learned counsel for the appellant has been heard.
3. It is not disputed that w.e.f. 01.02.1996, the respondent's services
were regularized as a Plumber Helper and w.e.f. the same date he was placed in
the regular pay scale of Rs.950-1400; on 12.07.2001, the respondent was
promoted as Plumber Grade-II and that on 09.06.2020, an order was passed
through which the regular pay scale of Rs.950-1400 granted to the respondent
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Neutral Citation No:=2024:PHHC:149471-DB
LPA-2868-2024 (O&M) -2-
as Plumber Helper w.e.f. 01.02.1996 was withdrawn.
4. Admittedly, prior to the passing of the order dated 09.06.2020, no
notice was served upon the respondent. The order dated 09.06.2020 is also
bereft of any reason and that the same has been passed after 22 years of
unexplained delay on the appellant's part.
5. Even otherwise, the regular pay scale granted to the respondent was
sought to be withdrawn on the ground that the respondent did not possess the
qualification for being appointed as a Plumber Helper as the required academic
qualification for the post of Plumber Helper is matriculation with I.T.I.
Certificate (Plumber) whereas the respondent was a matriculate and possessed
an I.T.I. certificate in Sanitary Fitting. No document or any justification was
placed on the record by the appellant either before the learned Single Judge or
before us to show that the I.T.I. Certificate possessed by the respondent at the
time of regularization of his services as Plumber Helper which was way back
in the year 1996 was not in the 'Plumber' trade.
6. In the light of the above, we find no reason to interfere with the
impugned judgment.
7. Dismissed.
8. All pending miscellaneous application(s), if any, also stand disposed
of.
(DEEPAK SIBAL)
JUDGE
(DEEPAK GUPTA)
JUDGE
November18, 2024
Jyoti 1
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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