-1- Civil Writ Petition No.3725 of 2006. IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: May 27, 2008. Rohtas ... Petitioner VERSUS Haryana Vidyut Prasaran Nigam Limited, Panchkula through its Managing Director ... Respondent CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA. HON'BLE MR.JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr. R.S. Bains, Advocate, for the petitioner. Mr. Narender Hooda, Advocate, for the respondent. -.- MOHINDER PAL, J. The petitioner was appointed on the post of Helper Grade-II in the Haryana State Electricity Board, now known as Haryana Vidyut Prasaran Nigam Limited (for short `the Nigam') on January 17, 1992. This appointment had been made on temporary basis and was terminable by one month's notice. -2- Civil Writ Petition No.3725 of 2006. While working on the post of Helper Grade-II, the petitioner applied for the post of Assistant Lineman in the Nigam. He was selected and appointed as Assistant Lineman. He joined on the post of Assistant Lineman on March 05, 1993. However, the selections made for the posts of Assistant Linemen were challenged in this Court by various persons. This Court held that the selections were bad and, consequently, the same were quashed. The order passed by this Court was upheld by the Hon'ble Supreme Court. As a result thereof, the appointments made on the posts of Assistant Linemen were annulled and services of the petitioner were terminated. After termination, the petitioner was not allowed to join on the post of Helper Grade-II. His representation in this regard was rejected by the Nigam. He has now approached this Court through this writ petition with a prayer that the Nigam may be directed to join him on the post of Helper Grade-II. In the written statement filed by the Nigam, it has been inter alia averred that as the petitioner's application for appointment to the post of Assistant Lineman had not been forwarded through proper channel, he had no lien on the post of Helper Grade-II. As such, his representation for absorbing him on his previous post was rightly rejected. Learned counsel for the petitioner has placed reliance on the decisions rendered by a Division Bench of this Court in Jai Ram v. Haryana State Electricity Board (Civil Writ Petition No.7067 of 1998 decided on July 21, 1999) and -3- Civil Writ Petition No.3725 of 2006. Vinod Kumar v. Haryana Vidyut Prasaran Nigam Limited and another (Civil Writ Petition No.18114 of 1998 decided on November 25, 1999) and contended that the instant case is squarely covered by these decisions. Learned counsel for the Nigam has also not seriously disputed the same. In these cases, the petitioners were also working as Helpers Grade-II before being appointed as Assistant Lineman/Shift Attendant. Their services were terminated after their appointments on the higher posts were annulled as a result of the decision of this Court and they were not allowed to join as Helpers Grade-II. This Court allowed their writ petitions and directed the Nigam to grant appointments to them on the post of Helper Grade-II. The fact and circumstances of the instant case are identical. As per appointment letter (Annexure P-1) whereby the petitioner was appointed as Helper Grade-II, his services could be terminated only by giving him one month's notice. As the petitioner had been selected for appointment to the post of Assistant Lineman, a higher post, no order of termination in respect of the services of the petitioner as Helper Grade-II was passed. In these circumstances, when appointment of the petitioner on the higher post was annulled by the intervention of the Court, it would have been fair on the part of the Nigam to allow him to continue working on the lower post. This having not been done, the grievance made by the petitioner in this writ petition is just and fair. For the aforesaid reasons, this writ petition is allowed. -4- Civil Writ Petition No.3725 of 2006. The Nigam is directed to grant appointment to the petitioner on the post of Helper Grade-II. He will not be entitled to any arrears of salary. However, he is held entitled to the benefit of continuity of service. The needful be done within two months from the date of receipt of a copy of this order. No costs. ( HEMANT GUPTA ) ( MOHINDER PAL ) JUDGE JUDGE May 27, 2008. ak