LPA 437/2019

Page 1 of 18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 04.09.2023

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Judgment delivered on: 01.11.2023

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LPA 437/2019 and CM APPL. 50978/2019 & 25790/2022

INDRAPRASTHA POWER GENERATION CO LTD..... Appellant

Through:

Mr. R.K. Vats and Ms. Kumari Alka,

Advocates.

versus

BIJENDER SINGH MEENA & ANR

..... Respondents

Through:

Mr. Raj Singh Phogat, Advocate for

respondent No.1.

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

Digitally Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:01.11.2023

11:42:37

Signature Not Verified

LPA 437/2019

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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

Digitally Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:01.11.2023

11:42:37

Signature Not Verified

LPA 437/2019

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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.