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2026 Supreme(P&H) 319

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR, J.
Karaj Singh And Others - Petitioners
Versus
State Of Punjab And Others - Respondents
CWP-12999-2020, CWP-19647-2020 
Decided On : 27-02-2026

Advocates Appeared:
For the Petitioner:Mr. K.S. Dadwal, Advocate
Mr. Vikas Arora, DAG, Punjab.
For the Respondent:Mr. Sheaj Bir Singh, Advocate with Ms. Muskan Gill, Advocate, Mr. Dhruv Khosla, Advocate

JUDGMENT :

HARPREET SINGH BRAR, J. 

1. Vide this common order, I intend to dispose of CWP Nos.12999 and 19647 of 2020, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CWP-12999-2020.

2. Prayer in the writ petition (CWP-12999-2020) filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the order dated 01.10.2019 (Annexure P-10) as well as the decision concerning to the cancellation of the post, as find mention in the impugned order passed by respondent No.3 is illegal as well as contrary to the report of the commission dated 19.09.2011 (Annexure P-4) and judgments dated 27.11.2013, 03.07.2019 and 28.08.2019 (Annexures P-5, P-8 and P-9, respectively) passed by this Court. Further a writ of mandamus has been sought, directing the respondents to consider and appoint the petitioners on the basis of their merit against the post, which were available and against which they have competed in pursuance to advertisement issued in January, 2011 (Annexure P-1) and also to grant all consequently benefits.

3. Learned counsel for the petitioners, inter alia, contends that as advertisement was issued in January, 2011, inviting applications for filling up 5000 posts of lineman on contractual basis at a consolidated salary of Rs.10,000/- per month. In the meantime, one PIL bearing CWP-4881-2011, titled as Ludhiana Hand Tools Association vs State of Punjab and others, was filed on the ground that the respondent/Corporation has surplus manpower and filling up of 5,000 posts of Lineman would result in wastage of public funds and this Court vide order dated 09.11.2011, permitted the respondent/Corporation to fill upto 1000 posts of Lineman as an interim measure. During the pendency of the aforesaid writ petition, the respondent/Corporation filed CM No.1923 of 2013, seeking clarification of the earlier order dated 19.07.2011, stating that there were 4388 vacant sanctioned post of Lineman and by 31.12.2013, 703 posts of Lineman would fall vacant due to the retirement and about 400 posts would be available due to the promotion. On the said application, this Court passed an order dated 22.01.2013 (Annexure P-3) clarifying that the Punjab State Electricity Regulatory Commission would look into the matter and submit its report within two months and till then, the respondent/Corporation will not make any recruitment proposed to be made. It was further clarified that the order would be operated till the submission of the report. In the meantime, on 19.09.2011, the respondent/Corporation issued work order to private contractor for engaging the technical persons through outsourcing. The aforesaid work order given to private contractor was challenged by certain unemployed persons by filing CWP-13191-2013 and since the tenure of the work came to an end on 13.09.2013, thus, the said writ petition was rendered as infructuous. Thereafter, the report of Punjab State Electricity Regulatory Commission dated 27.11.2013 was filed and on 27.11.2013, the PIL i.e. CWP-4881-2011 was disposed of. The respondent/Corporation thereafter issued a public notice dated 20.12.2013, advertising approximately 1,000 posts of Lineman on contractual basis. Certain candidates, thereafter, filed CWP-4458-2011 titled as Kulwant Singh and others vs State of Punjab and others seeking enhancement of upper age from 37 years to 39 years. On 11.03.2011, the Division Bench of this Court directed the respondents to consider the claim in accordance with law and no post would be filled up till the decision regarding the relaxation in age is passed. In purported compliance, the respondent/Corporation increased the upper age limit to the post of Lineman from 37 years to 39 years as the public notice dated 20.12.2013 was not issued in accordance with the report dated 19.09.2011 (Annexure P-4) as well as order dated 27.11.2013 passed in CWP-4881-2011 (Annexure P-5). T

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