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High Court of Punjab and Haryana · body

2025 DAILYLAW 102829 (PNJ)

NITAN INDORIA v. PUNJAB STATE POWER CORPORATION LIMITED,

CWP/28220/2025 · 2025-09-22

Harpreet Singh Brar

body2025

Judgment text

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113 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-28220-2025 Date of decision: 22.09.2025 Nitan Indoria ....Petitioner Versus Punjab State Power Corporation Limited and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Nikhil Anand, Advocate for the petitioner. Mr. Rahul Sharma, Advocate for the respondents. 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 appropriate writ, order or direction to grant promotion to the petitioner to the post of AE/Civil in Punjab State Power Corporation Limited with all consequential benefits. 2. Learned counsel for the petitioner inter alia contends that the petitioner was appointed as a Junior Engineer (Civil) on 09.09.2016. The petitioner was eligible for promotion, however, his claim was ignored for promotion to the post of Assistant Engineer (Civil) on the ground that his Annual Performance Appraisal Report (hereinafter referred to as ‘APAR’) grading was below the benchmark. The petitioner’s reporting and reviewing authorities have issued letters on 21.02.2025 and 24.02.2025 (Annexures P-3 to P-6) confirming that they had originally graded him as ‘very good’ and his APAR had been tampered with and forged post acceptance by changing it to ‘average’ from ‘very good’. The petitioner submitted a representation as well Neha 2025.09.23 16:49 I attest to the accuracy and integrity of this document CWP-28220-2025 -2- as a legal notice on 14.03.2025 (Annexure P-8) which remained unheeded. The petitioner filed CWP No.14950 of 2025 which was disposed of with a direction to the respondents to consider and decide the claim of the petitioner. The Board of Directors of the respondents-Corporation in its 115th meeting held in the month of July, 2025, sanctioned the acceptance of the petitioner’s original ‘very good’ grading and directed the Joint Secretary to grant him promotion. Thereafter, the petitioner had filed COCP No.4691 of 2025. The respondents, in the meantime, passed an order dated 12.09.2025 (Annexure P-12) informing the petitioner that his APAR has been corrected to ‘very good’ and the concerned Department has been directed to process his promotion and till date, the respondents have not implemented the order dated 12.09.2025 (Annexure P-12). The petitioner is denied well deserved promotion and also facing financial loss. 3. Mr. Rahul Sharma, Advocate puts in appearance on behalf of the respondents and submits that the petitioner's claim for seniority is under active consideration and he will be promoted by 15.11.2025 and all admissible financial benefits would be released in favour of the petitioner. 4. I have heard the learned counsel for the parties and upon perusal of the record, it transpires that the petitioner is fully eligible. Considering the petitioner’s seniority and fulfillment of all eligibility criteria, he is entitled to promotion to the post of Assistant Engineer (Civil) in accordance with his seniority 5. In view of the discussion above and in light of the stand taken by learned counsel for the respondents, the present petition is disposed of and the respondents are directed to do the needful in terms of the statement made by Neha 2025.09.23 16:49 I attest to the accuracy and integrity of this document CWP-28220-2025 -3- counsel for the respondents by 15.11.2025. 6. Needless to say, any deviation made by the respondents, the petitioner would be at liberty to approach this Court by filing an application under Article 215 of the Constitution of India. (HARPREET SINGH BRAR) JUDGE 22.09.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.09.23 16:49 I attest to the accuracy and integrity of this document