Karnail Singh vs Pspcl & Ors
2024 Latest Caselaw 8744 P&H

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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Neutral Citation No:=2024:PHHC:055937

2024:PHHC:055937

CWP-16797-2013

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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