IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Rajender Kumar Sharma - Appellant
Versus
Tata Power Delhi Dist. Ltd. - Respondent
W.P.(C) 4595 of 2023
Decided On : 12-12-2023
JUDGMENT
Chandra Dhari Singh, J.
1. The instant writ petition has been filed by the petitioners seeking following reliefs:
"(i) To issue a writ of Mandamus setting aside the Order dated 25.01.2023, passed by the respondent no. I, being illegal and unconstitutional,
(ii) To issue a writ of Mandamus directing the Respondent no. 1 to allow the Time Bound Promotional Scale of Executive Engineer and of S.E w.e.f. 24.08.1999 notionally i.e. date of merger and other consequential benefits and interest as per law.
(iii) To allow the cost of this Writ Petition to the petitioner and against the Respondent no. 1.
(iv) To pass any other order(s) as deemed fit by this Hon'ble Court in the facts of the case."
FACTUAL MATRIX
2. The petitioners herein are aggrieved by the non-grant of the Time Bound Promotional Scheme (hereinafter "TBPS"), systematically after 10 years from induction into service, 8 years from date of 1st TBPS, and 8 years from date of 2nd TBPS.
3. Since the present petitions arise out of the orders dated 22nd February 2023, 25th/27th January, 2023, and the common relief has been claimed by the petitioners, therefore these petitions are disposed of by this common judgment.
4. The petitioners were appointed at the post of "inspector" with the Delhi Electricity Supply Undertaking (hereinafter "DESU"). The dates of joining of the petitioners has been bifurcated herein:
| Petitioner's Name | Date of Joining |
| Narender Kumar Marwah | 10th January, 1969 |
| Gulshan Kumar Gambhir | 27th June 1970 |
| Kumud Chandra Deka | 8th December 1980 |
| Ravinder Seth | 31st August 1973 |
| Sunil Johry | 1st August 1979 |
| Pramodh Singh | 16th October 1981 |
| Des Raj Madan | 14th November, 1979 |
| Rajendra Praksash Narula | 4th January, 1969 |
| Mahender Gupta | 11th February, 1982 |
| Vijender Singh | 1st September, 1982 |
| Bhagwan Singh Rawat | 14th November, 1979 |
| Bhagat Ram Joshi | 22nd February, 2023 |
| Vijay Sachdeva | 17th November, 1972 |
| Rajendra Kumar Verma | 1st August, 1979 |
| Abdul Rashid Ansari | 26th September, 1981 |
| Hari Prakash Chhikara | 6th May, 1981 |
| Ashok Kumar Abbi | 19th October, 1976 |
| Suresh Kumar Kamra | 12th March, 1982 |
| Jai Krishan Sharma | 3rd July, 1979 |
| Rattan Kumar | 3rd March, 1981 |
| Ravinder Seth | 31st August, 1973 |
| Om Prakash | 16th March, 1982 |
| Inder Kumar Gupta | 20th October, 1976 |
| Rajendrer Kumar Sharma | 18th November, 1982 |
| Mahesh Chandra Gurani | 7th July, 1979 |
| Harinder Singh | 4th February, 1970 |
| Ravinder Krm Maggon | 24th February, 1981 |
5. Thereafter, DESU was converted to Delhi Vidyut Board (hereinafter "DVB"), by the Government of NTC Delhi. Consequently, DVB was unbundled into 6 legal entities w.e.f., 1st July 2002, whereby Indraprastha Power Generation Company Limited (IPGCL) was established for generation of electricity, BSES Rajdhani and Yamuna Power Limited were established for distribution alongwith NDPL (renamed as TPDDL), Delhi Transco Limited was established for transmission of electricity and Delhi Power Limited was established as the holding company.
6. Further, vide Office Order No. F.5(11)/A & G/PRC/217 dated 23rd July 1997, the DVB introduced the scheme for TBPS, the operative portion of the Office Order has been reproduced herein:
"(i) AII the employees/officers of Delhi Vidyut Board shall be entitled for the first time bound promotional scale on completion of ten years of regular service, be he a subordinate/ministerial staff member, or a group 'A' office.
(ii) The second time bound promotional scale shall be given on completion of further eight years of service i.e. 18 years of service in all from the date of induction of an official/officer at the base level on regular basis subject to the condition that in the case of class I officers, second time bound promotional scale shall be given to such of the officers who have been appointed on regular basis as per Recruitment Rules in their own right to the first promotional grade"
7. Thereafter, vide Office Order No. E/B:Cell/99-2000/Distribution 488/76, dated 30th August 1999, the posts of inspectors (electrical) and Superintendent (Technical) were merged and converted into one post falling under one junior cadre with a
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