Swaran Singh v. Punjab State Power Corporation Ltd & ORS

CWP No.22138 of 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.22138 of 2017 DECIDED ON: SEPTEMBER 27, 2017 SWARAN SINGH .....PETITIONER..

VERSUS

PUNJAB STATE POWER CORPORATION .....RESPONDENTS..

LTD. AND OTHERS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Pawan Kumar Goklaney, Advocate, for the petitioner.

***** JASPAL SINGH, J (ORAL) By virtue of instant petition preferred under Articles 226/227 of the Constitution of India, petitioner has sought issuance of a writ especially 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), especially in view of judgments passed by this Court in CWP No. 10808 of 2007 and CWP No.7538 of 2014 and other judgments and in view of letter dated 11.05.2015 (P-9) issued by the respondent-corporation by which the benefit of 23 years promotional increment has already been granted to the similar situated employees. And further for release of interest @ 12% per annum 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 03.07.2017 (Annexure P-10) was duly served upon the respondents but till date no conscious decision has Sonika 2017.10.03 14:24 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.22138 of 2017 --2-- been taken. He further submits that petitioner feels satisfied in case direction is issued to respondent(s) to decide aforesaid legal notice, within a stipulated period.

3.

Instant petition is disposed of with a direction to respondent(s) to look into the grievances unfolded by the petitioner in his legal notice dated 03.07.2017 (Annexure P-10) and to decide the same in view of circular dated 23.04.1990 (Annexure P-1) as well as in the light of various judgments passed by this Court in CWP No.10808 of 2007, CWP No. 7538 of 2014 and letter dated 11.05.2015 (Annexure P-9), within a period of two 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.

As far as grant of interest on delayed payment is concerned that shall also be considered in view of the observations made by Full Bench of this Court in case captioned as "R.S. Randhawa vs. State of Punjab, 1997 (3) RSJ 318.

5.

However, if the petitioner still feels aggrieved of the order passed by the concerned authority, he shall be at liberty to approach this Court. SEPTEMBER 27, 2017 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2017.10.03 14:24 I attest to the accuracy and authenticity of this document Chandigarh