- (1.) This is a Letters Patent Appeal on behalf of the Haryana State Electricity Board (hereinafter called the HSEB), against the judgment of learned Single Judge, in C.W.P. No. 1091 of 1984, decided on 10th March, 1989, by which the writ petition of A.K. Jain (now respondent) was allowed and the order of the HSEB dated 19th August, 1983 (Annexure P-6 to the writ petition), declining to confirm the petitioner as Line Superintendent with effect from 31st October, 1956, had been quashed. It was further directed by the learned Single Judge to confirm the petitioner with effect from 31st October, 1956 and grant him all consequential service benefits.
(2.) The facts giving rise to the present appeal are that on 9th January, 1956, the petitioner joined the erstwhile State of Pepsu as Electricity Overseer. A permanent post fell vacant in that rank on 31st October, 1956 in the erstwhile State of Pepsu. With effect from 1st November, 1956, Pepsu emerged with Punjab and the petitioner was integrated as Line Superintendent Grade II in the State of Punjab. He worked there upto 1st February, 1959, when his services were transferred on permanent basis to the Punjab State Electricity Board (hereinafter called the PSEB). Subsequently, in 1962, he was absorbed in the PSEB with effect from 1st May, 1959. As per the terms and conditions of the absorption, the PSEB was to give all service benefits which he would have derived while in the service of the State of Punjab. These terms and conditions are contained in the letter dated 1st November, 1962 (Annexure P-1 to the writ petition).
(3.) According to the writ petitioner, although the petitioner was working against a permanent post of Electrical Overseer, which admittedly was there on 31st October, 1956, he was not confirmed. The order of the Chief Engineer, Punjab dated 13th June, 1958 (Annexure P-2 to the writ petition) shows that the petitioner was working against a permanent post and he was treated on probation. The petitioner has given further history about his service career in the writ petition that he worked with the PSEB upto 1st May, 1967, when the said Board was bifurcated. His services were transferred to the HSEB. After about six months he was promoted as Line Superintendent Grade 1 and thereafter as Junior Engineer. On 28th July, 1982, he was promoted as Assistant Engineer. Since the petitioner was not confirmed as Electrical Overseer with effect from 31st October, 1956, although a permanent post was available, he filed Civil Writ Petition No. 3965 of 1974 in this Court, claiming the said relief. The said writ petition came up for hearing before the Division Bench of this Court on 16th September, 1974, when the counsel for the HSEB made a statement that the petitioner would be considered for confirmation retrospectively. The order of the Division Bench dated 16th September, 1974 reads as under :- "Mr. Dahya states that the respondents shall conclude all the Enquiry proceeding pending against the petitioner within 6 months from today and shall within a fortnight thereafter consider his case for confirmation retrospectivly. In view of the undertaking Mr. Agnihotri withdraws the petition". Dismissed as withdrawn.";