Harkesh Chand & ORS v. Haryana State Electricity Board, Panchkula & ORS

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 07.04.2025 Harkesh Chand and others ....Petitioners vs.

Haryana State Electricity Board, Panchkula and others ....Respondents CWP No.3845 of 1999(O&M) Vinod Tayagi and others ....Petitioners vs.

The Secretary, Haryana State Electricity Board, Panchkula and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Ms Tanya Sehgal, Advocate for Mr. Vikas Chatrath, Advocate for the petitioners in CWP- 12063 of 1997 Mr. Pardeep Rajput, Advocate for respondents in CWP- 3845 of 1999 Mr. Gaurav Jindal, Advocate for respondents in CWP- 12063 of 1997 *** JAGMOHAN BANSAL, J. (ORAL) 1.

By this common order, CWP No. 12063 of 1997 and CWP No. 3845 of 1999 are hereby adjudicated as common questions of law and facts

-2are involved. With the consent of both sides, facts are borrowed from CWP No. 12063 of 1997.

2.

The petitioners through instant petition filed under Articles 226/227 of the Constitution of India are seeking direction to respondent to grant pay scale of Rs.480-760 w.e.f. 01.02.1981 and scale of Rs.1200-2040 w.e.f. 01.01.1986.

3.

Vakalatnama filed by Mr. Gaurav Jindal, Advocate on behalf of the respondents s taken on record. Registry is directed to tag the same at an appropriate place.

4.

The petitioners were appointed as Technician Grade II in Haryana State Electricity Board. They were granted scale of Rs.400-660 w.e.f. 01.04.1979 and Rs.480-760 w.e.f. 01.02.1981. They are claiming pay scale at par with the employees of State Government. 5.

Counsel for the petitioners submits that in view of judgment of this Court in Rajbir Singh and others vs. Haryana State Electricity Board and others, CWP-12029-1998 decided on 29.01.1999, the petitioners were entitled to higher pay scale with effect from the date the employees of State Government were extended i.e. 01.01.1986. 6.

Mr. Gaurav Jindal, Advocate submits that judgment of this Court in Rajbir Singh (supra) was assailed before Supreme Court and matter came to be remanded back to this Court. A Full Bench was constituted which vide judgment dated 31.01.2009 titled as Rajbir Singh and others vs. HSEB and others, 2009 SCC OnLine P&H 1230 (for short "Rajbir Singh-II) over-ruled opinion of Division Bench and held that

-3employees entitled to pay scale from the date as granted by Haryana State Government.

7.

The petitioners are relying upon judgment of this Court in Rajbir Singh (supra) which stands over-ruled by Full Bench of this Court. The petitioners were working with Haryana State Electricity Board which is an autonomous body. The claim of petitioners in Rajbir Singh-II (supra) was identical to claim of petitioners herein. 8.

In view of judgment of this Court in Rajbir Singh-II (supra), the instant petitions deserve to be dismissed and accordingly dismissed. 9.

Pending application, if any, shall also stand disposed of. (JAGMOHAN BANSAL) JUDGE 07.04.2025 paramjit Whether speaking/reasoned: Yes Whether reportable:

No