Jaswinder Pal Singh Son Of Sardar Sat Pal ... vs Punjab State Power Corporation Limited on 18 January, 2012

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Punjab-Haryana High Court

Jaswinder Pal Singh Son Of Sardar Sat Pal ... vs Punjab State Power Corporation Limited on 18 January, 2012

Bench: K. Kannan

     IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH

                  Civil Writ Petition No.13743 of 2011 (O&M)
                  Date of decision: 18.01.2012

Jaswinder Pal Singh son of Sardar Sat Pal Singh, resident of House
No.934, Block I, Bhai Randhir Singh Nagar, Ludhiana.
                                                   ....Petitioner


                            versus


Punjab State Power Corporation Limited, the Mall, Patiala, through
its Chairman, and others.
                                                ....Respondents


CORAM: HON'BLE MR. JUSTICE K. KANNAN
                    ----

Present:   Mr. Jasleen Singh, Advocate, for the petitioner.

           Mr. Vishal Chaudhri, Advocate, for the respondents.
                           ----

1.   Whether reporters of local papers may be allowed to see the
     judgment ? No.
2.   To be referred to the reporters or not ? No.
3.   Whether the judgment should be reported in the digest ? No.
                              ----

K.Kannan, J. (Oral)

1. The petitioner seeks for quashing of the order issued on 30.06.2011 by the Chief Accounts Officer of the Punjab State Power Corporation Limited, arrayed as the 2nd respondent, denying to the petitioner his claim for time bound promotional scale made on the basis that he was in terms of the scheme entitled to time bond promotional scale on completion of 9 years and 16 years while holding the post as Revenue Accountant. This was denied to him Civil Writ Petition No.13743 of 2011 (O&M) -2- through the impugned order by holding that his induction post was in a lower post of Internal Auditor and since he had earned promotion as Revenue Accountant within the period of 9 years, he will not be entitled to the incremental scale but he would be considered for such higher scale on completion of 16 years in the post as Revenue Accountant from the time when he had been inducted as the Internal Auditor.

2. The circular has been issued on 15.02.1991 which sets out the details of the scheme in supersession of the earlier instructions and set forth in Schedule-II. The relevant clause reads as follows:-

Sr. Post below on Pay scale First time Second time Special remarks No. which direct bound scale bound scale on appointment on completion on took place completion completion of of 9 years 16 years

1. Internal 1800-3200 1880-3300 2000-3500 Internal Auditors who have passed SAS Part I or passes

2. Revenue 1880-3300 2000-3500 2400-4250 the same shall be Accountant appointed Revenue Accountant in the scale 1800-3300, similarly those SAS Part I passed (except Internal Auditors), who specifically opt for revenue cadre shall be appointed Revenue Accountant.

9/16 year time bound increment scale shall be calculated after passing SAS Part-I and thereafter being present on the post of Revenue Accountant.

Civil Writ Petition No.13743 of 2011 (O&M) -3-

3. The counsel contends that he was inducted as an Internal Auditor on 01.08.1985 and earned promotion as Revenue Accountant on 04.08.1988. For obtaining the higher scales for the first time bound scale on completion of 9 years, he was required to pass SAS Part-I and that he had passed while holding the post as Revenue Accountant in the year 1989. The counsel for the petitioner is prepared to concede that his entitlement to the higher scale on completion of 9 years could be reckoned from the time when he had passed SAS Part-I and 16 years to be worked out from the said date. I would reject an argument on behalf of the respondents that the petitioner had earned an increment within the first 9 years as Revenue Accountant even before he passed SAS Part-I and hence, he would not be entitled to the promotional scale. The instructions dated 15.02.1991 is on two parts: (i) the entitlement to a time bound scale after completion of 9/16 years after passing SAS Part-I and,

(ii) he shall be present in the post as Revenue Accountant. I cannot see how the induction post as a Internal Auditor, who earned a promotion within the period of 9 years would become disentitled to claim the time bound scale on completion of the respective years by a bare reading of the schedule which I have extracted above. The contention of the respondents defies the plain meaning of the words contained in the said schedule.

4. The impugned order is quashed and the respondents are directed to give the time bound scale on completion of 9 and 16 Civil Writ Petition No.13743 of 2011 (O&M) -4- years in the post as Revenue Accountant from the time when he had passed the examination in SAS Part-I. On a due reckoning, the arrears shall be paid to the petitioner within a period of 8 weeks from the date of receipt of copy of this order. 5 The writ petition is allowed on the above terms.

(K. KANNAN) JUDGE 18.01.2012 sanjeev

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