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2023 Supreme(Del) 6000

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

Advocates appeared:
Mr. Vimal Wadhawan and Ms. Megha Mehta, Advocates, for the Petitioner.
Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Abhay Kumar and Mr. Shagun Ruhil, Advocates for TPDDL
Ms. Pepakayala Geetanjali, Advocate with Mr. Gaurav Gupta, Sr. Manager for R-2/DVB-ETBF
Mr. Sandeep Prabhakar, Mr. Amit Kumar and Mr. Vikas Mehta, Advocates for R-1 in W.P.(C) 8950/2023 & CM APPL. 33934/2023, W.P.(C) 9219/2023 & CM APPL. 35103/2023, W.P.(C) 9220/2023 & CM APPL. 35104/2023, W.P.(C) 9941/2023 & CM APPL. 38290/2023, W.P.(C) 9960/2023 & CM APPL. 38363/2023, W.P.(C) 6963/2023, W.P.(C) 7208/2023, W.P.(C) 7455/2023, W.P.(C) 8091/2023.

The principle of res judicata bars re-litigation of claims already adjudicated, affirming the finality of previous court decisions in similar matters.

Headnote:(A) Constitution of India - Article 226 - Writ petition for Time Bound Promotional Scale (TBPS) - Petitioners challenged the non-grant of TBPS after requisite service periods - Court held that the petitioners' claims were barred by res judicata due to prior judgments - The petitioners were already granted TBPS in compliance with earlier court orders. (Paras 94-96)

(B) Res Judicata - Principle of res judicata prevents re-litigation of issues already decided - The present petitions were found to be identical to previously adjudicated matters, thus impermissible. (Paras 85-92)

Facts of the case:
Petitioners sought to set aside the order denying them TBPS, claiming eligibility based on service duration and prior court directions. (Paras 1-12)

Findings of Court:
The court found no merit in the petition as the TBPS had been granted in accordance with the law and previous judgments. (Paras 94-96)

Issues: The main issues were whether the present writ petition was maintainable and if it was barred by res judicata. (Paras 51-66)

Ratio Decidendi: The court concluded that the petitioners had already litigated the same issues in previous cases and thus could not re-agitate them. (Paras 85-92)

Result: Petition dismissed.

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 NameDate of JoiningNarender Kumar Marwah10th January, 1969Gulshan Kumar Gambhir27th June 1970Kumud Chandra Deka8th December 1980Ravinder Seth31st August 1973Sunil Johry1st August 1979Pramodh Singh16th October 1981Des Raj Madan14th November, 1979Rajendra Praksash Narula4th January, 1969Mahender Gupta11th February, 1982Vijender Singh1st September, 1982Bhagwan Singh Rawat14th November, 1979Bhagat Ram Joshi22nd February, 2023Vijay Sachdeva17th November, 1972Rajendra Kumar Verma1st August, 1979Abdul Rashid Ansari26th September, 1981Hari Prakash Chhikara6th May, 1981Ashok Kumar Abbi19th October, 1976Suresh Kumar Kamra12th March, 1982Jai Krishan Sharma3rd July, 1979Rattan Kumar3rd March, 1981Ravinder Seth31st August, 1973Om Prakash16th March, 1982Inder Kumar Gupta20th October, 1976Rajendrer Kumar Sharma18th November, 1982Mahesh Chandra Gurani7th July, 1979Harinder Singh4th February, 1970Ravinder Krm Maggon24th 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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