Punjab-Haryana High Court
National Hydroelectric Power Corp ... vs Union Of India & Ors on 12 November, 2024
Neutral Citation No:=2024:PHHC:147802
-1-
CWP-19546
19546-2013 and
CWP-31576
31576-2019
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
208 Date of decision: 12.11.2024
1. CWP
CWP-19546-2013 (O & M)
National Hydroelectric Power Corp Officers Asso.
..Petitioner
Vs.
Union of India & Ors
..Respondents
AND
2. CWP
CWP-31576-2019 (O & M)
All India NHPC Diploma Engineers Council and others
..Petitioners
Vs.
Union of India & Ors ..Respondents
CORAM: HON'BLE
HON MR. JUSTICE AMAN CHAUDHARY
Present : Mr. Rajiv Atma Ram, Sr. Advocate with
Mr. Sandeep Kumar, Advocate,
for the petitioner in CWP-19546
19546-2013.
Mr. Shekhar Verma, Advocate and
Ms. Malika Chhikara, Advocate,
for the petitioners in CWP-31576
31576-2019.
Ms. Promila Nain, Sr. Panel Counsel for UOI, and
Ms.. Harveen Mehta, Advocate and
Ms. Isha Dhingra, Advocate, for respondent No.1.
Mr. I.P.S.Doabia, Advocate for NHPC.
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Neutral Citation No:=2024:PHHC:147802
-2-
CWP-19546
19546-2013 and
CWP-31576
31576-2019
AMAN CHAUDHARY, J. (ORAL)
CM-14548--CWP-2024 in CWP-19546-2013
2013 and
CM-14436--CWP-2024 in CWP-31576-2019
Allowed as prayed for. Supplementary affidavit
affidavits alongwith
Annexures are taken on record in both the cases.
Main Cases:
Cases
1. Both these cases involve similar issues and therefore, are
being disposed of together by this common judgment.
2. Prayers in both the petitions are for directing the respondents
to bring the pay parity for the E-1
E to E-2A
2A category at par with the scales
granted to the corresponding categories in other power utilities alongwith
arrears w.e.f. 01.01.1997 alongwith all the consequential benefits such as
arrears
ars of pay with interest.
3. Learned counsel for NHPC has made reference to paras 11
and 12 of the affidavit of Sh. Sandeep, Deputy Manager (HR), NHPC,
dated 02.09.2024, which read as under:
11. That, it is worthwhile to mention here that in
the previouss affidavit/replies filed by the respondents it has
been the consistent stand that the pay anomalies of
supervisor who in the feeder cadre of executive in grade E E-1
on promotion has been removed vide NHPC office order no.
22/2006 dated 09.05.2006 (Annexure
(Annexure-RA-2/1) and NHPC
Office Order no. 44/2007 dated 20.08.2007 in the manner
explained therein therefore the grievance of the petitioner
association has been resolved.
A copy of the Office Order dated 20.08.2007 is
annexed as Annexure-RA-2/8.
But after acceptance
ceptance of recommendations of the
aforesaid committee constituted on 28.06.2019 on the
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Neutral Citation No:=2024:PHHC:147802
CWP-19546
19546-2013 and
CWP-31576
31576-2019
representation of senior officers, the rere-fixation of pay was
made in consonance with DPE OMs dated 14.12.2012 and
24.12.2012(Annexure-RA-2/5 2/5 and AnnexureAnnexure-RA-2/6),in
order
der to correct the aberration of pay.
Thus, the earlier action dated 20.08.2007 of
respondent no. 2 taken for removal of pay anomalies as
alleged by the petitioner association stands reverted and the
same resulted in drop in the pay of the feeder cadre
(supervisors)
supervisors) on promotion to the executive grade. Under
these changed circumstances and facts this affidavit is being
filed by the respondent with an intent to bring the updated
factual position before this Hon'ble Court for the proper
adjudication of the matter.
12. That in view of above submissions, the
methodology adopted by NHPC for removal of pay scale
anomalies by granting Personal Pay/ Special payVide office
order no. order no. 22/2006 dated 09.05.2006 and 44/2007
dated 20.08.2007 are no more operative due to which
subject, pay anomalies resurfaced on account of
implementation of the guidelines of DPE under the aegis of
Ministry of Finance, Government of India.
4. Learned counsel appearing for the UOI has produced a copy
of the letter dated 08.11.2024, received through email from Sh. Pankaj
Kumar Sangwan, Deputy Director, which is take
taken on record as Mark 'A',
on the basis whereof and on instructions,
ons, submits that pay anomalies,
from the date they occurred, shall be removed as per settled law, within a
period of three months,
months extract of the said communication reads thus:
"I am directed to refer to this Ministry's letter dated
06.09.2024 and NHPC Ltd's em
email dated 04.11.2024 on the
above-mentioned
mentioned subject and to request you to concede before
the Hon'ble Court and updated factual position brought on
records by NHPC by its affidavit dated 2.09.2024."
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Neutral Citation No:=2024:PHHC:147802
CWP-19546
19546-2013 and
CWP-31576
31576-2019
5. The aforesaid satisfies the learned Senior Counsel for the
petitioners.
6. Disposed of.
12.11.2024 (AMAN CHAUDHARY)
parveen kumar JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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