IMPORTANT POINT
Entitlement to Third Time Bound Promotion Scale is determined by the employee's position and the relevant office orders.

JUDGMENT

1. The present appeal has been filed challenging the order dated 3rd October, 2023 passed by the learned Single Judge in W.P.(C). 10340/2018, by which the writ petition filed on behalf of the appellant was dismissed thereby holding that the appellant was not entitled to Third Time Bound Promotion Scale, as claimed by him.

2. The appellant was appointed to the post of Senior Electronic Fitter (VHF) in the erstwhile Delhi Electricity Supply Undertaking (DESU) on 20th September, 1983. He was granted higher pay scale as Senior Electronic Assistant of Rs. 1800-3500/- w.e.f. 1st October, 1994 vide letter dated 7th April, 1995 issued by the erstwhile DESU. Thereafter, the appellant was promoted to the post of Foreman in the pay scale of Rs. 6000-10800/- vide office order dated 24th June, 1998 issued by the erstwhile DESU.

3. The DESU was subsequently incorporated as a separate Electricity Board called Delhi Vidyut Board (DVB) functioning under the Government of NCT of Delhi.

4. The erstwhile DVB by its Office Order dated 23rd July, 1997 approved the introduction of Time Bound Promotional Scales (TBPS). Thus, employees were entitled to the First TBPS on completion of 10 years of regular service and Second TBPS on completion of further 8 years of service. Subsequently, vide Office Order dated 21st December, 1999, the erstwhile DVB approved that all ministerial/subordinate employees who are in service below the rank of Assistant Engineer shall be entitled to the benefit of Third TBPS on completion of another 8 years of service.

5. The scheme of TBPS was modified in terms, that are detailed by the respondent in its Additional Affidavit filed before the learned Single Judge, which reads as under:

"3. That the TBPS policy was further modified vide Office Order No. 143 dated 17.04.2002 wherein it stated that it has unanimously resolved to allow two time bound promotional scale to the categories of employees where there is no channel of promotion by any way for which time bound promotional scale to be allowed under the TBPS scheme shall be next scale as in the case of categories which are required to be considered for promotion either by selection of trade test provide where an employee has been or is given the scale of pay equivalent to Maintenance Officer as time bound promotional scale only when person junior to him who was promoted as AE is given the scale of XEN otherwise he will not be eligible for the second time bound promotional scale."

6. As is manifest from the documents, the appellant was granted the benefit of the First Time Bound Promotion and promoted to the post of Foreman on 24th June, 1998. He was granted the Second Time Bound Promotional Scale benefit on 15th January, 2002 w.e.f. 28th September, 2001.

7. The erstwhile DVB was thereafter designated into six successor companies on 1st July, 2002, one of them being the Delhi Transco Ltd. (DTL), where the appellant was transferred upon re-designation of the DVB.

8. The appellant vide letters dated 1st October, 2009 and 27th January, 2010 made request for grant of Third TBPS. He again made a representation in the year 2000 followed by representation dated 26th August, 2014 requesting for grant of Third TBPS to him. Vide reply dated 2nd January, 2015, the request of the appellant for grant of Third TBPS was declined.

9. The appellant retired in the year 2015. Subsequently, he filed writ petition in year 2018, being W.P.(C) 10340/2018 praying for direction to the respondent for grant of Third TBPS to him. Upon dismissal of the said writ petition filed on behalf of the appellant by the learned Single Judge vide the impugned order dated 3rd October, 2023, the present appeal has been filed challenging the same.

10. Having heard learned counsel for the parties and having perused the record, this Court at the outset notes that the appellant approached this Court for grant of Third TBPS to him three years after his retirement, despite the fact that the appellant's request for Third TBPS