J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1. The present Letters Patent Appeal (“LPA”) arises out of the judgment dated 04.04.2019 (“Impugned Judgment”) delivered by the Learned Single Judge in W.P.(C.) No. 10217/2016 titled as “Bijender Singh Meena v.

Govt. of NCT of Delhi & Anr.”.

2. The writ petitioner/Respondent no. 1 in the underlying writ petition challenged the Office Memorandum dated 30.03.2016 by which the appellant Indraprastha Power Generation Co Ltd (“IPGCL”) had rejected the representation of the Respondent No. 1 to grant the benefit and arrears of LPA 437/2019 Page 1 of 18 Signature Not Verified Digitally Signed By:BHUPINDER SINGH pay fixation of selection grade pay of Rs. 3100 w.e.f. 07.06.1996 and pay revision based on aforesaid grade pay.

3. The writ Petitioner had further sought upgradation as per the approval of Board of Directors (“BOD”) in their resolution no. 68.2.4 and 65.2.4 dated 12.03.2014, and also sought benefits of Time Bound Promotional Scale (“TBPS”) as given to the other similarly placed employees of IPGCL with financial benefits as a consequence of quashing of order dated

30.03.2016.

4. The learned Single Judge, while allowing the writ petition, has quashed the memorandum dated 30.03.2016 and has held that the writ Petitioner/ Respondent herein are entitled to the benefit of arrears of pay fixation of selection grade pay of Rs. 3100 w.e.f. 07.06.1996, and further upgradation as per the approval of the Board of Directors in their Resolution No. 68.2.4 and 65.2.4 dated 12.03.2014. Furthermore, it was also stated by the Learned Single Judge that Respondent No. 1 is also entitled to the benefits of TBPS at par with other similarly placed employees of IPGCL.

5. The Learned Single Judge has also directed the Appellant company to comply with the directions issued in the matter within 4 weeks of the date of receipt of the order.

6. The undisputed facts of the case reveal that the Respondent No.1 was appointed as a Turner/ Machinist in Delhi Electric Supply Undertaking (“DESU”) vide appointment letter dated 16.05.1996 in the pay scale of Rs. 1200-2190 (later on revised to Rs. 4000-100-7100) and, thereafter, further revised to Rs. 8500-26300+GP Rs. 2800 as per the recommendations of the LPA 437/2019 Page 2 of 18 Signature Not Verified Digitally Signed By:BHUPINDER SINGH Wage Revision Committee (“WRC”). The Respondent No. 1 joined to the said post on Turner/ Machinist on 07.06.1996.

7. The Appellant company is a successor company of the erstwhile Delhi Vidyut Board (DVB), and came into existence under the Delhi Electricity Reforms Act, 2000 and Rules made thereunder. The Respondent No.1 became an employee of IPGCL.

8. That the Respondent No.1 was granted first TBPS on completion of 10 years of service w.e.f. 07.06.2006 in the pay scale of Rs. 10900+34800+GP Rs. 3600 as per the recommendation of WRC (pre- revised 5500-175-8650) vide order dated 03.08.2006. It is pertinent to note that as per the scheme, it is not a regular promotion granted to the employee, however, he is placed in a higher pay scale of the promotional post.

9. That the Board of Directors of IPGCL/ PPCL in its meeting held on 07.11.2012, vide Resolution No. 62.2.13 and 59.2.9 approved Unified Promotion Policy, rationalization of scales/ grade pay/ post and bunching/ grouping of similar posts in IPGCL/PPCL for the category of B, C and D employees.

10. That vide order dated 29.01.2013, the designations as approved by the Board were circulated. The post of Junior Coal Mill Mechanic and Junior Mechanic (Turbine), Junior Mechanic (Lub.) and Junior Motor Mechanic with existing pay band of Rs. 8500-26300+2900 GP along with Turner/Machinist with existing pay band of Rs. 8500-26300+2800 GP (i.e., prior to UPP/rationalization) were clubbed/bunched at W-4 level (Category- C) and re-designated as Fitter (Mechanic) Grade. -II (SG) in the pay band of LPA 437/2019 Page 3 of 18 Signature Not Verified Digitally Signed By:BHUPINDER SINGH Rs. 8500-26300+Rs. 3100 (GP) w