IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

261-3 cases

1. CWP-17713-2021 (O&M)

Raj Kumar and another …. Petitioners Versus State of Haryana and others …. Respondent 2. CWP-15706-2021 (O&M) Hasim Khan and others …. Petitioners Versus Dakshin Haryana Bijli Vitran Nigam and others …. Respondents and

3. CWP-20218-2021 (O&M) Ranbir and another …. Petitioners Versus Dakshin Haryana Bijli Vitran Nigam and others …. Respondents DATE OF DECISION : 17^th February, 2026 CORAM : HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE ROHIT KAPOOR * * *

Present : Mr.Vijay Kumar Jindal, Senior Advocate assisted by Mr.Sandeep Lather, Advocate and Mr.Abhishek Shukla, Advocate for the petitioners in CWP-17713-2021.

Mr.Nafees Ahmad Khan, Advocate for the petitioners in CWP-15706-2021 and CWP-20218-2021.

Mr.Nitin Kaushal, Addl.AG, Haryana.

Mr.Hitesh Pandit, Advocate for respondent – DHBVN.

* * *

ASHWANI KUMAR MISHRA, J. (Oral)

1. This judgment shall dispose of three writ petitions i.e. CWP- 15706-2021, CWP-17713-2021 and CWP-20218-2021, as they raise common questions of law. However, for reference, the facts are being taken from CWP-17713-2021.

2. This writ petition seeks to assail the notifications issued by respondent – Dakshin Haryana Bijli Vitran Nigam Limited on 18.09.2002 (Annexure P-3) and 17.11.2003 (Annexure P-4), laying down the method of preparing the seniority list of technical subordinate staff for the purposes of promotion to the rank of Junior Engineer/Field. Primarily, the ground of challenge to the notifications is the judgment of the Hon’ble Supreme Court in Civil Appeal No.7076-2010 titled ‘Parveen Gera vs. Haryana State Electricity Board and others’ decided on 13.09.2017, as well as certain recommendations made by the Department. The petitioners also relied upon a judgment of a Division Bench of this court in LPA No.1515 of 2015 titled ‘Sukhdev Singh and others vs. Haryana Power Generation Corporation Limited and others’, decided on 09.08.2018.

3. The writ petitioners before us were initially appointed as Assistant Linemen. Their services were governed by the provisions of an office order dated 07.10.1978 issued by the, erstwhile, Haryana State Electricity Board. A subsequent notification came to be issued on 10.10.1988 prescribing the method for promotion from the post of Assistant Lineman to the higher post i.e. Junior Engineer. Subsequent revisions in the policy came to be made in the year 1993 and 1995. Dakshin Haryana Bijli Vitran Nigam (DHBVN) then issued a notification on 18.01.2002, whereby, the existing recruitment and promotion policy came to be modified. Clause 1.5.4 of this notification is the subject matter of challenge in the writ petition, which reads as under:-

“20% quota will be filled up by promotion on seniority-cum- merit basis from amongst all technical cadres subordinate staff, such as AFM/SSA/LM/ASSA/ALM/SA/ Lab. Attendant/ Meter Mechanic/ Lab. Assistant/ Helper Gr.I, Helper Gr.II/ RWM/ T.Mate/ Draftsman/ Instrument Mech. etc. possessing the qualification of BE/AMIE in Electrical/ Mechanical/ Electronics Engineering or 3 Years Diploma in Electrical/ Mechanical/ Electronics Engineering provided they have 3 years service experience on 31^st March, 2002 on the above post in the Nigam for promotion to the post of JE/Field. The ranking list in respect of employees possessing BE/ AMIE/ 3 Years Diploma qualification as stated above with 3 years experience shall be prepared on 1^st August of each year (as existed on 31/7) and shall be valid for one year. The inter-se seniority of the selected persons in the ranking list shall be determined according to scale of pay last drawn with the employee drawing higher scale of pay being ranked senior.

If scale of pay drawn by two or more such employees is same, the inter-se seniority shall be determined according to length of service from the date of regular initial appointment and if such service is also of similar length then the older employee shall rank senior to the