High Court of Punjab and HaryanaCWP/15111/2019disposed of

Amrik Singh And ORS. v. Punjab State Power Corporation Ltd. And ORS.

2019-05-30Mr. Justice Harsimran Singh Sethi3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 30.05.2019 Amrik Singh and others ....Petitioners

Versus

Punjab State Power Corporation Limited and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Ms. Sonia G. Singh, Advocate, for the petitioners.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the challenge by the petitioners is to the impugned orders dated 05.09.2018, 11.09.2018, 24.09.2018 (Annexure P-12 Colly.) by which claim of the petitioners for the grant of promotional increment after 23 years' of service have been rejected. Learned counsel for the petitioners argues that though the cases of the petitioners were rejected in September, 2018, but by the said dates, the respondents had issued a Clarification for the grant of promotional increment on 21.08.2018. The said Clarification dated 21.08.2018 has not been noticed by the respondents while rejecting the claim of the petitioners while passing the impugned orders rejecting their claim. Counsel further argues that after rejecting the cases of the petitioners for the grant of promotional increment, another Clarification

-2was issued by the respondents on 01.10.2018 and keeping in view both the Clarifications which have been given by the respondents themselves for the release of 23 years' promotional increment on 21.08.2018 and 01.10.2018, the petitioners are eligible for the grant of the said benefit i.e. promotional increment after 23 years' service. Learned counsel further argues that a bunch of writ petitions have been decided a Co-ordinate Bench of this Court on 29.11.2018 and orders were passed in CWP No.1013 of 2017 titled as 'Balvir Singh Vs. PSPCL and another', and other connected cases. Counsel further argues that keeping in view the Clarifications issued by the Government dated 21.08.2018 as well as dated 01.10.2018, the respondents are liable to be directed to reconsider the cases of the petitioners for the grant of the benefit ignoring the impugned orders by which their claim has been rejected by the respondents.

Notice of motion.

On the asking of the Court, Mr. Parminder Singh-I, Advocate, accepts notice on behalf of the respondents-PSPCL and states that the respondent-Corporation will consider the cases of the petitioners afresh in view of the Clarifications dated 21.08.2018 and 01.10.2018 and fresh order will be passed in respect of the claim of the petitioners for the grant of promotional increment after rendering 23 years' of service. Counsel for the respondents further states while passing the fresh order, the impugned orders already rejecting the claim of the petitioners dated 05.09.2018, 11.09.2018, 24.09.2018 (Annexure P-12 Colly.) will be ignored and fresh consideration will be done keeping in

-3view the order passed by this Court in CWP No. 1013 of 2017 titled as 'Balvir Singh Vs. PSPCL and another' and other connected cases. Counsel for the petitioners does not have any objection in case the present writ petition is also disposed of in terms of order passed by this Court in Balvir Singh's case (supra), subject to the condition that the impugner orders already passed will be ignored at the time of the consideration.

Keeping in view the above, the present writ petition is disposed of with the direction to the respondents to consider the cases of the petitioners afresh as undertaken by counsel for the respondents and appropriate order shall be passed 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. ( HARSIMRAN SINGH SETHI ) May 30, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?