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PANKAJ JAIN
Ajay Pal Singh – Appellant
Versus
Punjab State Power Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. entitlement for promotional increment after 23 years of service (Para 1 , 2) |
| 2. respondent's willingness to reconsider claims (Para 3) |
| 3. petitioners granted time to raise objections and receive consideration (Para 4 , 5) |
| 4. disposal of petition and related applications (Para 6 , 7) |
JUDGMENT
Pankaj Jain, J. (Oral)
The issue relates to claim of the petitioner on the promotional increment on completion of 23 years of service.
2. The foundation of the claim of the petitioner is Finance Circular No.17/1990 dated 23.04.1990. As per the said Circular on compliance of certain conditions as contained in para 2 thereof an employee was entitled to be placed in promotional scale after completion of 9, 16 & 23 years of service. In the year 2010 respondents-Corporation supplemented the conditions as enumerated in the aforesaid circular dated 23.04.1990 by adding another condition of passing departmental examination for grant of promotional increment on completion of 23 years of service with retrospective effect. The condition came under judicial review and the same was decided by Division Bench of this Court in LPA No.997 of 2016 titled as Punjab State Power Corporation Limited Pat
The court ruled that the Finance Circular does not require passing a departmental examination for promotional increments, affirming the entitlement of the petitioner based on prior judgments.
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
A stale claim for promotion and benefits cannot be revived after significant delay; acquiescence and laches bar relief.
The main legal point established in the judgment is that the Stagnation Impact Amelioration Scheme (SIA Scheme) could not be applied retrospectively for a period before its existence and that the del....
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