Punjab-Haryana High Court
Puran Chand vs Haryana Power Generation Corporation ... on 19 March, 2012
Author: K. Kannan
Bench: K. Kannan
C.W.P. No.18308 of 2011 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No.18308 of 2011
Date of Decision.19.03.2012
Puran Chand .....Petitioner
Versus
Haryana Power Generation Corporation Limited and others
.....Respondents
2. C.W.P. No.18330 of 2011
Hem Lata .....Petitioner
Versus
State of Haryana and another .....Respondents
3. C.W.P. No.18616 of 2011
Mangat Ram .....Petitioner
Versus
State of Haryana and another .....Respondents
4. C.W.P. No.20138 of 2011
Jassa Ram .....Petitioner
Versus
State of Haryana and another .....Respondents
5. C.W.P. No.18321 of 2011
Pritam Singh .....Petitioner
Versus
State of Haryana and another .....Respondents
Present: Mr. Jai Bhagwan Sharma, Advocate
for the petitioner.
Mr. Pradeep Virk, DAG, Haryana.
Mr. Rajesh Hooda, Advocate for
Mr. Kamal Sehgal, Advocate
for respondent No.2.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ? No
2. To be referred to the Reporters or not ? No
C.W.P. No.18308 of 2011 -2-
3. Whether the judgment should be reported in the Digest? No
-.-
K. KANNAN J.(ORAL)
1. All the writ petitions are connected and are being disposed of together. The principal contest is entered by respondent No.2. The issue raised in this case is the entitlement of persons, who are seniors, to stepping up of the scales at par with the juniors, who are promoted in the reserved category. Post 85th amendment, the only benefit a junior can get is an accelerated promotion without letting a senior catch up with him on his seniority. Otherwise as regards scales, the seniors would still be entitled to a stepping up of the scale at par with the scale given to the junior at the time when the promotion is offered. This matter has been considered by this Court in Kiran Bala and another Vs. State of Haryana and another in C.W.P. No.8318 of 2010 dated 28.04.2011, which has been affirmed by a Division Bench of this Court in LPA No.1749 of 2011 dated 26.09.2011.
2. The recovery ordered after having given the benefit of stepping up is quashed. The impugned order refusing the scale shall also stand quashed and they are entitled to stepping up of the scale at par with the juniors, who had been promoted against the reserved category.
3. The writ petition is allowed on the above extent. If there has been any recoveries pursuant to the impugned order, the same shall be refunded within a period of 4 weeks from the date of receipt of copy of the order.
(K. KANNAN) JUDGE March 19, 2012 Pankaj*