$~1 and 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23^rd September, 2024 + W.P.(C) 2948/2013 ROSHAN LAL .....Petitioner Through: Mr. Bhim Sain, Advocate versus GOVT OF NCT OF DELHI & ORS .....Respondents Through: Mr. Sandeep Prabhakar and Mr.Vikas Mehta, Advocates for R-2.

Mr. S.K. Singh, Advocate for R-3.

2 + W.P.(C) 6399/2013 and CM APPL. 14506/2022 SH. AKHTAR ALI .....Petitioner Through: Mr. Bhim Sain, Advocate versus GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sandeep Prabhakar and Mr.Vikas Mehta, Advocates for R-2.

Mr. S.K. Singh, Advocate for R-3.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGMENT

JYOTI SINGH, J. (ORAL)

1. These writ petitions have been filed by the Petitioners seeking implementation of order dated 21.12.1999 issued by Delhi Vidyut Board (‘DVB’) providing for grant of 3^rd Time Bound Promotion (‘TBP’) scales to members of subordinate/ministerial staff. Since both petitions raise an Signature Not Verified Digitally Signed W.P.(C) 2948/2013 and 6399/2013 Page 1 of 7 identical question of law, with the consent of the learned counsels they were heard together and are being decided by this common judgment.

W.P.(C) 2948/2013

2. Petitioner was selected and joined the post of Junior Clerk/Telephone Operator in Delhi Electric Supply Undertaking (‘DESU’), erstwhile DVB on 20.10.1964. He was promoted to the post of Senior Clerk in DESU vide office order dated 16.06.1981 w.e.f. 01.07.1981. DESU (DMC) Employees Higher Scale of Pay Regulations, 1995 (‘Regulations 1995’) were approved by Municipal Corporation of Delhi (‘MCD’) and were notified on 30.03.1995. Petitioner got his second promotion to the post of Head Clerk on ad-hoc basis vide order dated 10.07.1997 w.e.f. 24.07.1997 and retired on superannuation from DVB on 31.10.1997 after completing more than 26 years of service.

3. It is averred that on 23.03.1997, DVB issued an office order providing for grant of 1^st and 2^nd TBP Scales to its employees who did not get promotion after completing 10 and 18 years of service respectively. On 21.12.1999, another office order was issued for grant of 3^rd TBP Scales on completion of 26 years of service.

4. Case of the Petitioner is that he was inducted on the post of Junior Clerk in DVB on 20.10.1964 and while he was given 1^st and 2^nd TBP Scales, he was deprived benefit of 3^rd TBP Scale on the next higher post of Superintendent (Clerical) on completion of 26 years of service from the date of induction.

W.P.(C) 6399/2013

5. Petitioner was appointed as Junior Clerk in DESU vide order dated 11/12.07.1963 and joined on 24.07.1963. He was given 1^st promotion to the Signature Not Verified Digitally Signed W.P.(C) 2948/2013 and 6399/2013 Page 2 of 7 post of Senior Clerk in DESU vide order dated 16.06.1981 w.e.f. 25.09.1974. Petitioner got his 2^nd promotion to the post of Head Clerk on ad-hoc basis w.e.f. 17.02.1992 vide office order dated 29.01.1992. A charge-sheet was served on the Petitioner on 15.10.1992 and he retired from the service of DVB on the post of Head Clerk (Ad-hoc) on 31.03.1996.

6. It is averred in the writ petition that from 01.04.1996, Petitioner was drawing his pension as Head Clerk but pursuant to a penalty imposed on 21.01.1998 in the disciplinary proceedings there was a cut of 20% in his monthly pension for 2 years. Post the retirement of the Petitioner, DVB issued an order providing for grant of 3^rd TBP for those employees who had completed 26 years of service and had not got 3^rd promotion. On 29.07.2011, Sh. Madan Lal Sharma, who was junior to the Petitioner and was appointed as Head Clerk on ad-hoc basis was given 3^rd TBP Scale to the next higher post of Superintendent (Clerical).

7. Common contentions of the Petitioners are that on completion of 26 years of service from the respective dates of their induction, they ought to have been given 3^rd TBP Scales as both had not earned 3^rd promotion in the normal course and had completed 26 years of service on the dates from which they seek the said s