Punjab-Haryana High Court
Kishan Chand vs P.S.E.B. Patiala on 10 April, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:049086
2024:PHHC:049086
RSA-157-1994
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA-157-1994
Date of order:-10.04.2024
Krishan Chand Verma
...Appellant
Versus
Punjab State Electricity Board, Patiala
...Respondent
CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL
Present :- Mr.R.S. Randhawa, Advocate with
Mr.Aditya Partap Singh, Advocate
for the appellant.
Mr.R.S. Kalra, Advocate
for the respondent.
****
SUVIR SEHGAL, J.(ORAL)
1. Plaintiff - appellant is before this Court by way of the
instant second appeal challenging the concurrent findings recorded by
both the Courts below.
2. Brief facts may be noticed. Plaintiff - Krishan Chand
Verma had filed a suit for declaration and for permanent injunction
pleading that he had been granted 100% Generation Incentive vide order
dated 10.06.1985 under an order passed by the Chief Engineer/General
Manager, Ropar Thermal Project as the plaintiff was performing extra
duties and discharging additional responsibilities. He remained posted
with the Ropar Thermal Project till 17.06.1988. When he came to know
that the defendants are in the process of effecting recovery, he filed a
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Neutral Citation No:=2024:PHHC:049086
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RSA-157-1994
suit for declaration. Upon notice, defendants contested the suit by filing
a written statement wherein it has been submitted that the plaintiff
belongs to the Clerical Cadre and as he has never discharged duties of
technical nature, he is not entitled to 100% Generation Incentive. It has
been submitted that the plaintiff was getting 60% incentive as per his
entitlement. A stand has been taken that the General Manager/Chief
Engineer was not competent to pass an order for increase of 100%
incentive and recovery of Rs.18,626.50 is to be effected from the
plaintiff. On the basis of the pleadings of the parties, issues were framed
and after they led evidence, the trial Court by judgment and decree dated
06.04.1992 dismissed the suit. Findings recorded by the trial Court were
affirmed in appeal by judgment dated 07.01.1994 passed by Additional
District Judge, Patiala, resulting in the institution of the present appeal
by the plaintiff.
3. I have heard counsel for the parties and considered their
respective submissions as well as examined the record with their able
assistance.
4. Para 2 of Order bearing No.379/Fin-385 dated 06.04.1985,
Ex.P3, which provides for grant of Generation Incentive w.e.f.
01.01.1985, is as under:
"(2) The payment of incentive to Group-II, (Non-Operative
Staff) will be 60% of the Incentive admissible to Group-I
(Operative Staff)."
5. Plaintiff was working on the post of Personal Assistant to
the Chief Engineer and falls in the category of Ministerial Staff in the
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office of Chief Engineer. It has not been disputed that the plaintiff will
fall in the category of non-operative staff. In view of the above re-
production, he was, therefore clearly not entitled to the 100%
Generation Incentive. Rather, his entitlement is 60% incentive, which is
being drawn by him. This Court is, therefore, of the view that there is no
error in the judgments passed by both the Courts below.
6. The other contention raised by the counsel for the appellant
is that the recovery could not have been effected without providing any
show-cause notice or opportunity to the appellant. This Court does not
intend to go into this argument as this plea has not been taken by him in
his plaint nor any issue has been framed on it.
7. As a result of the above discussion, this Court is of the firm
view that the reasoning given by the Courts below does not call for any
interference and the judgments and decrees of both the Courts deserve to
be upheld.
8. Finding no merit in the appeal, it is hereby dismissed with
no order as to costs.
(SUVIR SEHGAL)
10.04.2024 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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