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2016 DIGILAW 559 (HP)

KULDEEP KAUNDAL v. H. P. S. E. B. LTD.

2016-04-25

PREM KUMAR, V.K.SHARMA

body2016
JUDGMENT : 1. The applicant, an ex-serviceman, after retirement from Indian Air Force, had got himself registered with the Himachal Pradesh Ex-Servicemen Employment Cell, Hamirpur, for re-employment in civil service as Junior Engineer (Electrical). Consequently, he was nominated for the said post on contract vide letter dated 23rd August, 2014, Annexure A-2, addressed by the Sub-Regional Employment Officer, Directorate of Sainik Welfare, Ex-Servicemen Employment Cell, Himachal Pradesh at Hamirpu to respondent No.2, the Chief Engineer (OP) North, HPSEBL, Dharamshala (HP), which nomination was again reiterated, vide letter dated nil of April, 2015, Annexure A-3. Consequently, though the applicant was required to submit the requisite documents vide letter dated 06.05.2015, Annexure A-4, which, according to him, he did, but nothing has happened in the matter till date. Being aggrieved, he is before this Tribunal on the following substantive prayer vide para 7(a):- 7(a) "That the respondent may kindly be directed to implement the office order dated 23.08.2014, and respondent No.2 may kindly be directed to issue appointment letter to the applicant as per annexure P-2 in the interest of justice and fair play." 2. In the relevant portion of preliminary submission No.1 made on behalf of respondents No.1, 2 and 5, the following averments ave been set up at page- 3 of the reply:- "The Petitioner produced his qualification certificate as Diploma in Electrical Engineering issued by the Indian Air Force and has worked as "Instrument Fitter" (involving repair/maintenance of electrical instrument only) annexed as Annexure RA-X which does not fulfil the required technical qualification as per HPSEBL R&P Regulation of Junior Engineer (E), which required "Diploma in Electrical Engineering Electrical and Electronics Engineering" (involving construction/maintenance of LT/HT/EHT lines/Sub Stations & transformers etc). Thus, the Departmental Screening Committee had rejected the petitioner for the post of Junior Engineer (E)." 3. The applicant has filed rejoinder and refuted the above stand with regard to his educational qualification. 4. On 22.03.2016, the following order was passed by this Tribunal in this matter:- "Rejoinder to the reply of respondents No. 1, 2 and 5 stands filed. Rejoinder to the reply of respondents No.3 and 4 is not intended to be filed. Pleadings are complete. List for admission hearing on 28.03.2016. However, in the meanwhile, as prayed for, the learned Standing Counsel for respondents No.1, 2 and 5 may also obtain instructions in the matter." 5. Rejoinder to the reply of respondents No.3 and 4 is not intended to be filed. Pleadings are complete. List for admission hearing on 28.03.2016. However, in the meanwhile, as prayed for, the learned Standing Counsel for respondents No.1, 2 and 5 may also obtain instructions in the matter." 5. In terms of the above order dated 22.03.2016 instructions in the form of a status note have been filed on behalf of respondents No.1, 2 and 5, text whereof is as under:- "The Petitioner has not been considered for the post of Junior Engineer (Electrical) by the Department Screening Committee which was constituted under the chairmanship of Er. Jagdev Singh, Chief Engineer, Operation North, HPSEBL, Dharamshala, now retired from Board's services vide order dated 6.5.2015 annexed as Annexure RA-IX with the remarks that the Petitioner has worked as "Instrument Fitter" (involving repair/maintenance of Electrical Instrument only) annexed as Annexure RA-X which does not fulfil the required technical qualification as per HPSEB R&P Regulation of Junior Engineer (E). However, the status of Sh. Man Mohan Singh, Junior Engineer (E), he had produced same technical qualification certificate copy annexed as Annexure XI and was considered for the pot of Junior Engineer (E) on batch wise basis by the Department Screening Committee which was constituted under the chairmanship of Er. Swami Dass Kaishta, Chief Engineer, Operation North, Dharamshala now he has also been retired from Board's services vide order dated 2.7.2015 copy annexed as Annexure RA-XII. The technical qualification certificates produced by Shri Man Mohan Singh as well as Shri Kuldeep Koundal clearly reveals that Instrument Fitter Trade in Indian Air Force has been recognised as Diploma in Electrical Engineering for recruitment to Subordinate posts and services under Central Government." 6. On a bare perusal of the above status note it appointed one Shri Man Mohan Singh, an ex-serviceman from Indian Air Force, possessing an identical degree in Electrical Engineering as in the case of the applicant who also holds such degree, Annexure A-1 (colly.) 7. In view of the above, the applicant cannot be discriminated in the matters of public employment in violation of Articles 1 4 and 1 6 of the Constitution. 8. In view of the above, the applicant cannot be discriminated in the matters of public employment in violation of Articles 1 4 and 1 6 of the Constitution. 8. In the result, the original application succeeds and is accordingly allowed with a direction to respondent No. 1-HPSEB Ltd. to consider the case of the applicant for appointment to the post of Junior Engineer (Electrical) on contract as expeditiously as possible, but in any case not later than 31st May, 2016. 9. The original application stands disposed of in the above terms.