Punjab-Haryana High Court
Roop Lal vs Punjab State Power Corporation ... on 19 December, 2022
CWP-10349-2019 (O&M) -1-
201
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-10349-2019 (O&M)
Date of decision: 19.12.2022
ROOP LAL
...Petitioner
VERSUS
PUNJAB STATE POWER CORPORATION LIMITED AND ANR.
...Respondents
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Ashok Kumar Nabhewala, Advocate for the petitioner.
Mr. Chetan Goyal, Advocate for the respondents.
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JAISHREE THAKUR, J. (Oral)
By way of filing the instant writ petition, the petitioner herein has
challenged the order dated 06.03.2019 (Annexure P-11), whereby the second
ACP allowed to the petitioner stands withdrawn on the ground that he refused
to accept the promotion from the post of Upper Division Clerk to Assistant
Revenue Accountant.
Learned counsel for the petitioner would contend that the
petitioner was appointed as Lower Division Clerk in PSPCL in the scale of
Rs.950-1800 on 16.02.1995. In completion of nine years of regular service on
09.03.2004, he was graned first ACP scale. He was then promoted as Upper
Division Clerk on 29.07.2010. Then on completiton of 16 years of regular
service, second ACP scale was granted to him in the scale of Rs.10900-36500
with grade pay of Rs.4150 on 11.04.2012. Thereafter, on account of domestic
conditions, the petitioner foregone his promotion from the post of Upper
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CWP-10349-2019 (O&M) -2-
Division Clerk to Assistant Revenue Accountant. However, by the impugned
order, the benefit of second ACP scale stands withdrawn. It is submitted that
the petitioner could not have been denied the benefit of second ACP on
account of the fact that he had foregone his promotion long time after grant of
revised ACP scale. He would rely upon judgments rendered by this Court in
CWP No.12252 of 2011, titled as Nawal Kishore and others versus Punjab
State Power Corporation Limited, Patiala and others, decided on 16.07.2018
and CWP No.15328 of 2017, titled as Amarpreet Singh Walia versus Punjab
State Power Corporation Limited and others, decided on 22.09.2022.
I have heard learned counsel for the parties.
The petitioner had already been granted second ACP scale and it
was subsequently that he has foregone the promotion. Thus the benefit which
had already been granted to the petitioner, cannot be taken away, as has been
held in the judgments referred by the counsel for the petitioner.
Consequently, the present writ petition is allowed and impugned
order dated 06.03.2019 (Annexure P-11) is set aside. Since the petitioner herein
has retired on 30.06.2021, while restoring the benefit of second ACP scale
from the day it was withdrawn, his pension would also be revised accordingly.
Let the entire exercise be done expeditiously, preferably within a period of
three months from the date of receipt of the certified copy of this order and the
entire arrears be released to the petitioner, within a period of two months
thereafter.
(JAISHREE THAKUR)
19.12.2022 JUDGE
Chetan Thakur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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