← Library
High Court of Punjab and HaryanaCWP/6143/2019disposed of

Gurtej Singh v. Chairman Cum Managing Director Punjab State Power Corporation Ltd And ORS

2019-03-07Mr. Justice Harsimran Singh Sethi3 pages

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 07.03.2019 Gurtej Singh ....Petitioner

Versus

The Chairman-cum-Managing Director, Punjab State Power Corporation Limited and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Ms. Tuneet Walia, Advocate, for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the challenge is to the order dated 14.12.2018 (Annexure P-6) by which the case of the petitioner for the grant of 23 years promotional increment has been declined on the basis of the instructions issued by the respondents dated 28.07.2000. Counsel for the petitioner contends that circular dated 28.07.2000 already stands amended by the respondents in view of their Clarifications/Resolutions passed in 69th meeting held on 02.08.2018 followed by 71st meeting held on 20.09.2018, according to which, if an employee has not earned three promotions on completion of 23 years service, he is eligible for the grant of the benefit of 23 years. Counsel for the petitioner further contends that this Court

-2passed an order in CWP No. 1013 of 2017 titled as 'Balvir Singh Vs. PSPCL and another' and other connected cases, decided on 29.11.2017, where a direction was given by this Court to decide the cases of the employees seeking 23 promotional increments in view of the circulars, which were issued by the respondents on 21.08.2018 and 01.10.2018 in respect of the decision taken by the Board in their 69th meeting and 71st meeting.

Counsel for the petitioner states that order has been passed without taking into consideration the Clarifications/Resolutions of the Board, which were in existence on the date when the present case of the petitioner was rejected and the Clarifications dated 21.08.2018 and 01.10.2018 have been ignored while passing the said order which is contrary to the law as well as against the directions given by this Court in CWP No. 1013 of 2017 titled as 'Balvir Singh Vs. PSPCL and another' and other connected cases, decided on 29.11.2018. Notice of motion.

On the asking of the Court, Ms. Deepali Puri Sandhu, Additional Advocate General, Punjab, accepts notice on behalf of the respondent-PSPCL and states that case of the petitioner will be decided afresh in view of the directions given by this Court in CWP No.1013 of 2017 titled as 'Balvir Singh Vs. PSPCL and another' and other connected cases, decided on 29.11.2018 wherein, a direction was given to the respondents' Corporation to pass appropriate order by taking into consideration the Clarifications issued by the Corporation on 21.08.2018 and 01.10.2018.

-3Counsel for the respondents further states that the impugned order rejecting the case of the petitioner will be ignored while passing the fresh order.

Let the appropriate order be passed in the case of the petitioner keeping in view the directions given by this Court in CWP No. 1013 of 2017 titled as 'Balvir Singh Vs. PSPCL and another' and other connected cases, decided on 29.11.2018, within a period of three months from the date of receipt of certified copy of this order. In view of the above, present writ petition stands disposed of. ( HARSIMRAN SINGH SETHI ) March 07, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

Yes