Punjab-Haryana High Court
Karnail Singh vs Pspcl & Ors on 24 April, 2024
Neutral Citation No:=2024:PHHC:055937
2024:PHHC:055937
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
217
Date of decision: 24.04.2024
(i) CWP-16833-2013
Karnail Singh ....Petitioner
Versus
Punjab State Power Corporation Ltd. and others ....Respondents
(ii) CWP-16797-2013
Kushal Deep Singh ....Petitioner
Versus
Punjab State Power Corporation Ltd. and others ....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Mittardeep Singh, Advocate for
Mr. D.S. Gurna, Advocate for the petitioner(s).
Mr. Sehaj Bir Singh, Advocate with
Mr. Baltej Walia and Ms. Karishma Sharma,
Advocates for the respondents.
(through video conferencing).
NAMIT KUMAR J. (Oral)
1. This order shall dispose of the above mentioned both the petitions as the similar question of law and facts are involved therein.
2. The petitioner(s) have filed the instant writ petitions under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of re-fixation of the increments already granted to the petitioner(s) by reducing the benefit of two increments to one increment at the time of grant of 16 year time bound promotional scale.
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3. Learned counsel for the petitioner(s), inter alia, submits that the present writ petitions are squarely covered by the judgment passed by this Court in CWP No.3457 of 2006, titled as 'Sham Labhaya Vs. Punjab State Electricity Board and another', decided on 17.09.2008 which has been upheld by the Hon'ble Supreme Court vide order dated 12.05.2009 passed in Special Leave to Appeal (Civil) CC No.6029 of 2009 titled as 'Punjab State Electricity Board and another Vs. Sham Labhaya'.
4. On the other hand, learned counsel representing the respondents controvert the contentions raised by learned counsel for the petitioner, however, he could not dispute the above said legal position despite his best efforts.
5. Consequently, the instant writ petitions are allowed in terms of the judgment passed in CWP No.3457 of 2006 titled as 'Sham Labhaya vs Punjab State Electricity Board and another'.
(NAMIT KUMAR)
24.04.2024 JUDGE
kothiyal
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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