C.W.P. No. 9041 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 9041 of 2011 Date of Decision : May 20, 2011 Er. Rajnish Kumar Mehta .... PETITIONER Vs. Punjab State Power Corporation and others ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. S.K.Rattan, Advocate, for the petitioner. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the petitioner joined as Junior Engineer-II on 08.12.1981 with the Punjab State Electricity Board now Punjab State Power Corporation. The petitioner passed his AMIE (Electrical) Examination on 05.04.1993. On 24.02.2000, the petitioner was promoted as Assistant Engineer and thereafter, the petitioner was sent on deputation with the Bhakhra Beas Management Board against the share quota of Punjab State Electricity Board. The persons immediately junior to the petitioner in the seniority list of the Assistant Engineers, who had passed their AMIE examination in the year 1994 onwards after the petitioner who had already passed the AMIE examination in 1993, filed writ C.W.P. No. 9041 of 2011 2 petition in this Court, which was disposed of in the light of an earlier decision in LPA No. 89 of 1995 by directing the respondent-Punjab State Power Corporation to consider the claim of the petitioners in the writ petition in the light of the judgment of the High Court in the said LPA decision dated 23.11.2005 (Annexure P-4). In the light of the directions issued by this Court, the claim of respondents No. 5 to 7, who are junior to the petitioner, was considered and orders dated 06.03.2009 (Annexure P- 5) and 08.09.2009 (Annexure P-6) were passed granting them the date of promotion as Assistant Engineer with effect from the date they had passed their AMIE examination. Further promotions have also been given to respondents No. 5 to 7 in the light of the benefit granted to them from the earlier date of their promotion. The petitioner being on deputation came to know of it subsequently and thereafter, preferred a representation dated 17.05.2010 (Annexure P-7) to his parent department but no decision thereon was taken. This representation of the petitioner was duly forwarded by the Bhakhra Beas Management Board where the petitioner was serving on deputation. When no decision thereon was taken, the petitioner served a legal notice dated 27.07.2010 (Annexure P-9) on the respondents but no decision has been taken thereon. He, at this stage, submits that the petitioner would be satisfied if a direction is issued to the Deputy Secretary, Services/Gazettes Section-VI Branch-respondent No. 2 to consider and decide the representation dated 17.05.2010 (Annexure P- 7) as also the legal notice dated 27.07.2010 (Annexure P-9) within some specified time by passing a speaking order. Without going into the merits of the case or commenting thereon and in the light of the submissions made by the counsel for the petitioner, the present writ petition is disposed of with directions to the C.W.P. No. 9041 of 2011 3 Deputy Secretary, Services/Gazettes Section-VI Branch-respondent No. 2 to consider and take a decision on the representation dated 17.05.2010 (Annexure P-7) as also the legal notice dated 27.07.2010 (Annexure P-9) within a period of two months' from the date of receipt of a certified copy of this order by passing a speaking order. The speaking order, so passed on the said representation and legal notice, be conveyed to the petitioner forthwith. if the petitioner is held entitled to the claim made, the needful relief be granted to him within a further period of three months. (AUGUSTINE GEORGE MASIH ) May 20, 2011 JUDGE pj