March 4, 2021 10:02:11 am
The Punjab and Haryana High Court has imposed a cost of Rs 25,000 on Haryana for not filing in court an affidavit over a petition challenging a notice of the state irrigation and water resources department for conducting the examination of civil engineers for promotion.
The petitioners, Deepak Kumar and others, through their counsel, senior advocate D S Patwalia and advocate Gauravjit S Patwalia, had contended that as per Haryana Service of Engineers, Group-A, Irrigation and Water Resource Department Act, 2010, the promotion has to be made on the basis of seniority-cum-merit list and as per Rule 7(3), the names of the officers have to be arranged on the list in the order of inter se seniority of group services separately for civil, mechanical, computer and electrical cadre.
The list is further sent to a commission alongwith the documents which says that there is no provision in these rules to conduct exam for giving benefit of relaxation.
It was further argued that promotions with respect to mechanical and electrical cadres have already been made but in the case of civil cadre, the department has made a decision to conduct an examination for all those candidates who have not completed 8 years’ service, which is an essential eligibility qualification for promotion to the post of executive engineer, and a notice dated November 24, 2020, for conducting the departmental examination is against the rules.
The HC after hearing the plea on November 27, 2020, had directed the State to file a reply clarifying as to how many candidates were promoted to the post of executive engineer in the mechanical and electrical cadre after giving the benefit of relaxation and without conducting examination.
The State in its reply on December 22, 2020, had submitted that it will file an affidavit giving overall view as to whether conducting of examination is to be done after amending the rules and if an executive engineer qualifies in the examination, is he/she required to participate again for getting benefit of relaxation if the promotion is to be made. The State however later failed to file the affidavit. On February 23, when the matter came up for hearing, the State counsel sought more time for filing the necessary affidavit.
The bench of Justice Mahabir Singh Sindhu, held, “Two weeks’ more time granted to the State subject to payment of cost of Rs 25,000.” The bench adjourned the matter for hearing on March 17.
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