High Court of Punjab and HaryanaCWP/16277/2018disposed of

Kaka Singh v. Punjab State Power Corporation Ltd And Others

2018-07-09Mr. Justice Rameshwar Singh Malik2 pages

CWP No.16277 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.16277 OF 2018 DECIDED ON: JULY 09, 2018 KAKA SINGH .....PETITIONER

VERSUS

PUNJAB STATE POWER CORPORATION .....RESPONDENTS LTD. AND ORS.

CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Ms. Harpinder Kaur Sandhu, Advocate, for the petitioner.

***** JASPAL SINGH, J.

By virtue of instant civil writ petition, preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ particularly in the nature of Mandamus directing the respondents to grant the benefit of promotional increment(s) in view of Circular dated 23.04.1990 (P-1) and in view of judgment passed by this Court in CWP No.10808 of 2007 (P-5) by which benefit of 23 years promotional increment has already been granted to the similar situated employees. As well as release interest @ 18% p.a. from the date when it became due till its realization. 2.

At the very outset of the arguments, learned counsel for the petitioner submits that though legal notice dated 22.02.2018 (Annexure P-4) was duly served upon the respondents but till date no conscious decision has been taken. He further submits that petitioner feels satisfied in case direction is Sonika 2018.07.10 15:51 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.16277 OF 2018 --2-- issued to respondent No.2 to decide aforesaid legal notice, within a stipulated period 3.

Instant petition is disposed of with a direction to respondent No.2Chief Engineer, GNDTP, Punjab State Power Corporation Ltd., Bathinda to look into the grievances unfolded by the petitioner in legal notice dated 22.02.2018 (Annexure P-4) and to decide the same in view of circular dated 23.04.1990 (Annexure P-1) as well as in the light of judgment passed by this Court in CWP No.10808 of 2007 (P-5), within a period of three months from the date of receipt of certified copy of this order. However, relief shall stand restricted to 38 months in view of Full Bench judgment of this Court in "Saroj Kumari v. State of Punjab and others", 1998(3) SCT 664. 4.

However, if the petitioner still feels aggrieved against any of the order(s) passed by the concerned authority, he shall be at liberty to have recourse to the remedies available under law as well as to approach this Court. JULY 09, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.07.10 15:51 I attest to the accuracy and authenticity of this document Chandigarh