D.P.Sharma vs Bses & Ors.
2013 Latest Caselaw 5186 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No. 1906/1998
%                                                    12th November, 2013

D.P.SHARMA                                           ......Petitioner
                          Through:       None.

                          VERSUS

 BSES & ORS.                                                 ...... Respondents
                          Through:       None.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.           I have waited for counsel for the parties for some time. No one

however appears for the parties. Since this is an old writ petition of the year

1998, I deem it fit not to adjourn the matter. I have gone through the records

and am proceeding to pass a judgment.


2.           Petitioner by this writ petition seeks implementation of the

promotion order dated 6.12.1994 for his being granted salary in the pay-

scale of Rs. 2200-4100. Petitioner was an erstwhile employee of the Delhi

Vidyut Board (DVB) which was thereafter unbundled into DISCOMS.

After unbundling, petitioner's services at present will stand transferred to the


WPC 1906/1998                                                                Page 1 of 3
 DISCOMS North Delhi Power Ltd. (NDPL). Though there was earlier

confusion as to whether petitioner is an employee of BSES or NDPL,

however to avoid any confusion NDPL was added as a party vide order

dated 8.10.2013. NDPL has however not filed its counter-affidavit.

Counter-affidavit was originally filed on 16.7.2007 by BSES Yamuna Power

Ltd. and where it is admitted that petitioner was promoted to the post of

Head Surveyor having the pay-scale of Rs. 2200-4100. In the counter-

affidavit, it was only stated that the old records cannot be found.


3.           In view of the aforesaid facts emerging from the record, and the

fact that the petitioner has filed the office order dated 6.12.1994 showing

that he was promoted to the Head Surveyor in the pay-scale of Rs.2200-

4100, petitioner has to get the pay-scale as stated in the order dated

6.12.1994.      In spite of the petitioner writing representations which are

annexed to the writ petition, and which are dated 19.9.1995, 11.9.1997 and

17.10.1997, nothing was done except at one stage a letter dated 13.10.1997

was written to the petitioner that in reference to the letter dated 12.9.1997

the case has been sent to higher authorities for decision and the petitioner

will be conveyed the decision on the same being taken. However, nothing

further was heard from the employer.

WPC 1906/1998                                                             Page 2 of 3
 4.           In view of the fact that the petitioner stands promoted to the

post of Head Surveyor in terms of the order dated 6.12.1994, petitioner will

therefore be entitled to pay-scale of Rs. 2200-4100.

5.           The writ petition is therefore allowed and it is held that

petitioner be paid all monetary benefits taking his scale of pay at Rs. 2200-

4100 w.e.f 6.12.1994. The necessary emoluments be paid to the petitioner

within a period of three months from today.         Petitioner will also have

consequential benefits including with respect to retirement benefits by taking

the petitioner as having been granted higher monetary emoluments w.e.f

6.12.1994. In case, petitioner is not paid the amount due to him by NDPL

within a period of three months, thereafter, petitioner will be entitled to

interest at 7 ½ % per annum simple from today and till the date of payment.

The writ petition is allowed and disposed of in terms of the aforesaid

observations, leaving the parties to bear their own costs.




NOVEMBER 12, 2013                             VALMIKI J. MEHTA, J.

ib