NISHA JINDAL v. BHAKRA BEAS MANAGEMENT BOARD AND ANR
CWP/34903/2019 · 2026-07-23
Sudeepti Sharma
body2019
DailyLaw.ai
[ 2019 DAILYLAW 4134 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2019 DAILYLAW 4134 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CWP-34903-2019 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-34903-2019 (O&M) NISHA JINDAL ..Petitioner Versus BHAKRA BEAS MANAGEMENT BOARD AND ANR. ..Respondents Reserved on: 13.07.2026
Pronounced on : 23.07.2026 Uploaded on : 24.07.2026 Whether only the operative part of the judgment is pronounced? NO Whether full judgment is pronounced? YES
CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Manoj Chahal, Advocate for the petitioner. Ms. Madhu Dayal, Advocate for respondents. * * * * * SUDEEPTI SHARMA, J.
1. The present writ petition is filed for directions to the respondents to promote the petitioner as Senior Assistant from the date her juniors were so promoted with effect from 26.04.2016 with all consequential benefits along with 18% interest.
2.
Learned counsel for the petitioner inter alia contends that the petitioner was ignored for promotion and her juniors were promoted on the ground that the petitioner did not clear the departmental examination despite the fact that the petitioner was exempted from clearing the exam vide office
order, which is attached as Annexure P-1 with the present writ petition. He, therefore, prays that the present writ petition be allowed.
MOHD AYUB 2026.07.24 16:45 I attest to the accuracy and authenticity of this order/judgment.
CWP-34903-2019 (O&M) -2-
3. Per contra, learned counsel for respondents contends that the present petition deserves to be dismissed on delay and latches since the cause of action arose to the petitioner on 26.04.2016 when her juniors were promoted and the petitioner retired from service on 30.06.2018, but the present writ petition is filed on 05.11.2019. She further contends that as per Regulation 2 (p), 6. of Bhakra Beas Management Board Class III and Class Four Employees (Recruitment and Conditions of Service) Regulations 1994 departmental examination and training is mandatory and admittedly the petitioner did not clear the departmental examination.
4. I have heard learned counsel for the parties and perused the whole case file with their able assistance.
5. A perusal of the file shows that admittedly the petitioner retired from service on 30.06.2018 and the present writ petition was filed on 05.11.2019, whereas, cause of action arose to the petitioner on 26.04.2016 when her juniors as alleged by the petitioner were promoted.
6. A perusal of reply filed by respondents shows that the letter dated 13.11.2007, which is attached with the present writ petition as Annexure P-1 would not render the petitioner eligible for promotion to the post of Senior Assistant under the amended 2014 regulations.
7. Further, undisputedly the petitioner has not cleared her departmental examination, which is mandatory as per Regulation 2 (p), 6. of Bhakra Beas Management Board Class III and Class IV Employees (Recruitment and Conditions of Service) Regulations 1994 as amended on
16.12.2014. As per Annexure A of the same, the eligibility for promotion to the post of Senior Assistant is after having qualified Departmental Accounts Examination and the petitioner admittedly did not clear the same.
MOHD AYUB 2026.07.24 16:45 I attest to the accuracy and authenticity of this order/judgment.
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8. In view of the same, the present writ petition is dismissed.
9. Pending miscellaneous application(s), if any, stand disposed of. 23.07.2026 (SUDEEPTI SHARMA) Ayub/Saahil
JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2026.07.24 16:45 I attest to the accuracy and authenticity of this order/judgment.