HC raps power nigam for harsh approach, imposes Rs 1.25L costs

The Punjab and Haryana High Court has admonished the Uttar Haryana Bijli Vitran Nigam (UHBVN) for adopting a “pedantic and harsh approach” in denying reservation benefits to persons with disability of one leg for the post of Assistant Lineman, despite binding statutory mandates. Terming its action as arbitrary and whimsical, the court also imposed Rs 1.25 lakh costs on UHBVN for making false averments in a written statement.

Justice Jagmohan Bansal held that the respondent was “bound to comply” with notification dated July 29, 2013, issued by the Government of India, notification dated February 3, 2017, adopting the Centre’s notification and instructions dated April 17, 2017, identifying the post for both persons with disability of one leg and hard of hearing. But the respondent, instead of adopting pragmatic, compassionate and holistic approach, has followed “pedantic and harsh approach.”

The Bench was told that the Haryana Staff Selection Commission-vide advertisement dated July 25, 2019, invited applications for posts with different power utilities, including 1,307 posts of Assistant Lineman with UHBVN. No less than 52 posts were reserved for “deaf and for persons hard of hearing”.

Observing that there was no change in the legal position between 2013 and 2024, Justice Bansal asserted: “In the absence of change in legal position, there was no reason to deny benefit of reservation to persons with disability of one leg in 2019-2020 and grant in 2023.”

He added that UHBVN had wrongly restricted the reservation only to candidates suffering from hard of hearing, overlooking equally eligible candidates with one leg disability. “The respondent acting beyond its jurisdiction and contrary to statutory provisions has confined benefit of reservation to persons with disability of hard of hearing whereas persons with disability of one leg are equally entitled for the post,” the judgment recorded.

Allowing the petitions, the court directed consideration of all petitioners with one leg disability for the Assistant Lineman posts, while making it clear that “the petitioners suffering with other benchmark disabilities, on account of this judgment, would not be eligible for the post of Assistant Lineman.”

The Bench further clarified that their “date of joining shall be their date of appointment for all intent and purposes.” The exercise has been ordered to be completed within 10 weeks.

Justice Bansal added the order’s benefit would be available only to “present petitioners” and not be available to any fence-sitter otherwise there would be no end of litigation and it may open “Pandora’s box”.

Haryana Tribune