High Court of Punjab and HaryanaCWP/27685/2019disposed of

Jasdeep Singh Ghuman v. Punjab State Power Corporation Limited And Another

2024-11-29Mr. Justice Namit Kumar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 29.11.2024 Jasdeep Singh Ghuman ....Petitioner

Versus

Punjab State Power Corporation Limited and another ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Rajeev Anand, Advocate for the petitioner.

Mr. Akash Yadav, Advocate for the respondents.

NAMIT KUMAR J. (Oral) The instant petition has been filed by the petitioner, claiming the following reliefs:- (ii) Quashing the order dated 07.10.2018 (Annexure P-7) to the extent the petitioner has been denied and deprived of his promotion as "Assistant Executive Engineer" in the said Order with effect from the date his juniors have been promoted to the said post and also for the Quashing of the Order dated 21.08.2019 (Annexure P-13) wherein the claim of the petitioner without considering the relevant department recommendations in consonance with the applicable instructions on promotion and cases of similarly situated persons has been rejected by a cryptic and bald order;

(iii) directing the respondents to grant the financial upgradation with grade pay of Rs. 6850/- w.e.f. 23.01.2018 i.e. by counting the service of four years from the deemed

date of seniority and joining over and above his immediate Junior Er. Rajneesh Aggarwal alongwith all arrears and interest @ 18% per annum and for the grant of promotion as Assistant Executive Engineer / Electrical from the date and in the Order dated 07.10.2018 alongwith all consequential benefits and arrears alongwith interest @ 18% per annum from the date due till realization. Learned counsel for the respondents submits that the petitioner has already been promoted as Assistant Executive Engineer vide order dated 30.06.2023 and vide order dated 03.08.2023, he has been granted deemed date of promotion w.e.f. 08.10.2018, i.e. the date the person junior to him namely Sh. Amandeep Singh was promoted. He further submits that the pay of the petitioner has also been fixed notionally w.e.f. 08.10.2018 and therefore, the instant petition has been rendered infructuous.

However, learned counsel for the petitioner submits that the petitioner has not been granted the arrears of the promoted post w.e.f. 08.10.2018 to 30.06.2023, and whereas the similarly situated persons namely Er. Mandeep Kumar and Navjot Singh, have been granted the said benefit vide separate order dated 30.06.2015 (Annexure P-12). He further submits that in view of the Instructions dated 21.09.2001 (Annexure P-15), the said benefit cannot be denied to the petitioner. He further submits that the petitioner may be given liberty to make a detailed representation for claiming the abovesaid benefits and the respondents may be directed to consider the same in a time bound manner.

If any such representation is submitted by the petitioner within a period of one month from today, the same shall be considered and decided by respondent No.1 within a period of three months from the date of receipt of the said representation, in the light of the observations made hereinbefore.

Disposed of in the above terms.

(NAMIT KUMAR) JUDGE 29.11.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No