JUDGMENT

Jyoti Singh, J. (Oral)--Present writ petition has been filed by the Petitioner seeking the following relief:

"(i) Issue an appropriate writ in the nature of mandamus or any other appropriate writ and to quash and set-aside order dated 27.08.2015 whereby the representation of petitioner has been rejected, order dated 13.02.2017 whereby the representation of petitioner dated 15.12.2016 has been rejected, order dated 02.03.2006 is being challenged to an extent whereby it does not granted the first TBPS w.e.f. 2004 (at par with his batchmates and a consequence of the same the petitioner would also be entitled for the benefit of 2nd TBPS w.e.f. August, 2012 in the GP of 4000) and granted the first TBPS to the petitioner w.e.f. 2005, order dated 13.01.2016 is being challenged to extent whereby it does not granted the pay scale in the Grade Pay of Rs.4600 and granted the Grade Pay of Rs.3600/- and to further direct the respondents that the notional seniority of the petitioner, notional pay of the petitioner and further the benefit of Time Bound Promotional Scale (TBPS) 1st and 2nd has to be calculated from the original date of offer of appointment i.e. 10.10.1994 at par with the batchmate/juniors of the petitioner with all consequential benefits including seniority & promotion and pay & allowances and arrears thereof."

2. Facts to the extent relevant and as emerging from the narrative in the writ petition are that Petitioner participated in a recruitment process for the post of Junior Clerk, initiated by Delhi Electric Supply Undertaking (`DESU') in the year 1994 and appeared in the written test followed by a skill test and emerged successful. A selection notice dated 26.07.1994 was issued by DESU wherein name of the Petitioner was at Serial No.49. An offer of appointment was issued thereafter on 10.10.1994 to which the Petitioner submitted his acceptance on 17.10.1994. At that stage, admittedly an FIR No. 214/1992 was pending against the Petitioner under Section 308 IPC, which was disclosed at the time of verification of character and antecedents of the Petitioner.

3. In the offer of appointment, it was clearly stipulated that continued retention in service of the Petitioner was subject to satisfactory verification of character and antecedents. On several representations being made by the Petitioner for joining the post, an order was issued on 27.12.1995 permitting the Petitioner to join on the post of Junior Clerk, subject to the outcome of the criminal case pending in the Court. On receipt of the appointment order, Petitioner joined his duties w.e.f. 28.12.1995.

4. The Criminal Court acquitted the Petitioner vide judgment dated 09.05.1996 and Petitioner represented on 14.08.1996 to delete the condition of his appointment taking note of the judgment of acquittal. A letter was issued on 21.11.1996 whereby the stipulation of his conditional appointment was withdrawn in light of the judgment dated 09.05.1996.

5. DESU was restructured and Delhi Vidyut Board (`DVB') was formed in 1997. In 2002, DVB was unbundled into six DISCOMS and Petitioner joined Indraprastha Power Generation Company Ltd. (`IPGCL')/Respondent No.1 herein. Petitioner was posted with IPGCL in 2002 and on 15.01.2003, a seniority list was issued in the grade of Assistant Grade-III with pay scale Rs.4000-7100 wherein the name of the Petitioner was at Serial No.92 with the date of initial appointment reflected as 28.12.1995 against his name. Sh. Y.K. Singh and Sh. Naresh Rana, batchmates of the Petitioner were shown at seniority positions 66 and 82 respectively.

6. First Time Bound Promotional Scale (`TBPS') under the Career Progression Scheme was granted to the Petitioner vide order dated 02.03.2006 w.e.f. 28.12.2005 in pay scale of Rs.4200-9100. First TBPS was granted on completion of 10 years of regular service in 2006 reckoning the appointment of the Petitioner from 28.12.1995 instead of 10.10.1994/17.10.1994. Another seniority list was issued on 01.02.200