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2026 Supreme(Online)(P&H) 6089
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harpreet Singh Brar, J
SUBHASH SHARMA – Appellant
Versus
HARYANA VIDYUT PRASARAN NIGAM LIMITED AND OTHERS – Respondent
CWP-3062-2025
For the Appellants/Petitioners: Adiya Yadav, Hemlata
For the Respondents: Sanjeev Kaushik, Manreet Kaur
An employee cannot be penalized with loss of seniority or other service benefits when the delay in fulfilling a mandatory requirement, such as passing a test, is solely attributable to the employer's failure to conduct the test or provide the opportunity in a timely manner.
Headnote:The petitioner challenged the reduction of his seniority from Sr. No. 556 to 611 under Articles 226/227 of the Constitution of India and the PSEB Service of Engineers (Electrical) Recruitment Regulations, 1965. The petitioner, an Assistant Engineer, was penalized for the delayed passing of the Safety Code Test, despite evidence that the respondent-department failed to conduct the tests regularly as mandated by instructions dated 16.02.2009. The court found that the delay was entirely attributable to the employer's administrative failure. The core issue was whether an employee can be penalized with loss of seniority for delay in passing a mandatory test when the delay is attributable to the employer's failure to conduct the test in a timely manner. The court reasoned that it would be against the principles of equity and fairness to burden employees with career-impacting consequences resulting from administrative or technical lapses caused by the negligence of the employer. the present writ petition is allowed. The impugned order dated 30.12.2024 (Annexure P-9) is hereby quashed and set aside. The final seniority list dated 28.06.2024 (Annexure P-6) is also quashed to the extent it re-fixes the petitioner's seniority at Sr. No. 611.
| Table of Content |
|---|
| 1. dispute over seniority reduction due to delayed passing of a mandatory safety code test. (Para 1 , 2 , 3) |
| 2. delay in passing mandatory tests attributable to employer's administrative failure to conduct them. (Para 4 , 5 , 6) |
| 3. employees cannot be penalized for omissions or negligence of the employer. (Para 7 , 8 , 9) |
| 4. inapplicability of seniority loss rules when delay is caused by employer inaction. (Para 10 , 11) |
| 5. restoration of seniority and grant of consequential benefits. (Para 12 , 13 , 14) |
HARPREET SINGH BRAR, J. (Oral)
1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of the impugned order dated 30.12.2024 (Annexure P-9) vide which the claim of the petitioner for refixation of his seniority has been rejected, and for quashing the Final Seniority list dated 28.06.2024 (Annexure P-6) to the extent the petitioner's seniority has been reduced from Sr. No. 556 to Sr. No. 611.
2. Learned counsel for the petitioner inter alia contends that the petitioner was selected as Assistant Engineer/Electrical on the basis of GATE-2017 and joined the respondent-department on 15.06.2018. His service conditions are governed by the PSEB Service of Engineers (Electrical) Recruitment Regulations, 1965 (as applicable to the Nigam). As per the said Regulations, an Assistant Engineer is required to pass the Departmental Accounts Examination (DAE) for Engineering Officers and the Safety Code Test for grant of seniority and promotion. Further, the petitioner passed the DAE in his 3rd chance on 18.04.2022, well within the prescribed four chances. However, with respect to the Safety Code Test, the petitioner faced considerable difficulty as the respondent-department failed to conduct the test regularly despite his repeated requests.
2.1 The counsel further submits that the petitioner was initially posted at 220KV S/Stn A-5, Faridabad. The first Safety Code Test after his joining was conducted on 19.06.2019, but no intimation was given to the office of SE/TS Circle, Faridabad, due to which no employees posted there could appear. The petitioner made a request on 04.03.2020 to be allowed to appear in the test scheduled for 12.03.2020, but he was not called. Further requests were made on 09.11.2020, but due to the COVID-19 pandemic, the test was not conducted. Despite subsequent requests on 22.10.2021 and 25.10.2021, the petitioner was again not called. The CE/TS, HVPNL, Hisar considered conducting the test in January 2022, but no test was held. The petitioner again requested on 23.06.2022, and a test was finally conducted on 06.07.2022, which the petitioner failed. After further requests on 06.02.2023, 09.02.2023, 12.05.2023, and 26.05.2023, a test was held on 24.07.2023, which the petitioner cleared in full.
2.2 In the tentative seniority list of Assistant Engineers/Electrical issued on 29.12.2023 (Annexure P-5), the petitioner was shown at Sr. No. 556. However the final seniority list dated 28.06.2024 (Annexure P-6) re-fixed his seniority at Sr. No. 611, relegating him below his juniors. The reason cited was that the petitioner "lost his seniority due to late passing the Safety Code Test in terms of office order No. 281/REG-35/L dated 27.10.2014."
2.3 Learned counsel for the petitioner submits that the office order dated 27.10.2014 (Annexure P-2) applies only to officers who avail extended chances (5th to 8th chances) to clear the DAE. The petitioner cleared the DAE in his 3rd chance and the Safety Code Test in his 2nd chance, without availing any extended chances whatsoever. Therefore, the said office order is wholly inapplicable to him. He further contends that the delay in passing the Safety Code Test was entirely attributable to the respondent-department. As per the amended instructions dated 16.02.2009 (Annexure P-3), the Safety Code Test is required to be conducted twice a year and eligible
