Read Order: Shoukat Ali v. State of Haryana and Others

Monika  Rahar

Chandigarh, May 24, 2022: While dealing with a petition wherein the services of the petitioner, working as an Assistant Lineman on a contractual basis, were terminated, the Punjab and Haryana High Court has held that the function of an Assistant Lineman is for the upkeep of the transmission of power and a person, who does not have the requisite qualification as an electrician/lineman or wireman, cannot be entrusted with this onerous responsibility. 

The Bench of Justice Anupinder Singh Grewal came to the above-stated conclusion by considering the fact that the requisite qualification for appointment as an Assistant Lineman was ITI or diploma in electrician/lineman or wireman and the petitioner, rather had a diploma in mechanical engineering.

The Court was dealing with a petition wherein the petitioner challenged the order (dated October 1, 2021) whereby his services were terminated. 

The petitioner was working as an Assistant Lineman on a contractual basis with the respondents for over 9 years and it was the case of the petitioner’s counsel that the services of the petitioner were erroneously terminated for want of requisite qualification. The petitioner was appointed as an Assistant Lineman through outsourcing, the requisite qualification for which was ITI or diploma in electrician/lineman or wireman. 

The counsel submitted that as the petitioner was working for over 9 years, he was deemed to have the requisite experience for the job and should be adjusted at another place.

After considering the above-stated aspects, the Court noted that the petitioner was appointed as an Assistant Lineman through outsourcing, the requisite qualification for which was ITI or diploma in electrician/lineman or wireman, while he (the petitioner) had a diploma in mechanical engineering.

Further, it was stated observed by the Court that the impugned order was passed by the Executive Engineer as the petitioner did not have the requisite qualification to hold the post of Assistant Lineman. Thus, Justice Grewal added that the function of an Assistant Lineman is for the upkeep of the transmission of power and a person, who does not have the requisite qualification as an electrician/lineman or wireman, cannot be entrusted with this onerous responsibility. 

In view of the above, the Court stated that it did not find any infirmity in the impugned order. Consequently, the present petition was dismissed.

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