IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 18.12.2024 Pronounced on: 08.01.2025 Joginder Singh ......Petitioner Versus Pepsu Road Transport Corporation and another ......Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Argued by: - Mr. Satwant Singh Rangi, Advocate, and Mr. Y.P. Singla, Advocate, for the petitioner.

Mr. Hitesh Sood, Advocate, for Mr. Harsh Aggarwal, Advocate, for the respondents.

NAMIT KUMAR, J.

1. The petitioner has filed the instant petition claiming the following reliefs: -

(i) Writ in the nature of certiorari for quashing impugned part of recommendations of the Dispute Committee dated nil (Annexure P-9) recommending to treat the promotion of petitioner to the post of Steno Typist made on 28.02.1994 as new appointment and consequential impugned order dated 12.03.2021 (Annexure P-11) passed by respondent No.2 ordering to treat the promotion of petitioner to the post of Steno Typist as new appointment after expiry of more than 26 years from the date of his promotion made on 28.02.1994; impugned order dated 24.05.2021 (Annexure P-12), thereby refixing the pay of the petitioner w.e.f. 28.02.1994 in terms of impugned order dated 12.03.2021; impugned order dated 18.06.2021 (Annexure P-13), thereby illegally deducting/effecting the recovery of Rs.50,240/- out of total admissible leave encashment amount of Rs.6,85,890/-; impugned order dated 10.08.2021 (Annexure P-14) thereby illegally deducting/effecting the recovery of Rs.6,02,528/- out of total admissible gratuity amount of Rs.8,26,345/-; and further impugned order dated 14.07.2022 (Annexure P-17) passed by respondent No.1 vide which the appeal of the petitioner filed against impugned order dated 12.03.2021 has been dismissed; being illegal, arbitrary, nullity being without jurisdiction, unjust, unwarranted, unconstitutional and violative of Article 14 of the Constitution of India.

(ii) Writ in the nature of Mandamus directing the respondents to restore all the service benefits having been drawn by the petitioner w.e.f. 28.02.1994 on account of his legal and valid promotion on the post of Steno Typist and to release the illegally deducted/recovered leave encashment amount of Rs.50,240/- and gratuity amount of Rs.6,02,528/- along with interest @ 18% per annum w.e.f. 01.05.2020 till actual payment of the same and further to grant interest @ 18% per annum w.e.f. 01.05.2020 till 07.10.2021 on the delayed payment of remaining pensionary benefits which were released to the petitioner on 07.10.2021 after the delay of about one and half year from the date of his superannuation on 30.04.2020.

2. The brief facts of the case, as have been pleaded in the petition, are that the petitioner, who is a matriculate, was appointed as work charge Motor Mate in the Pepsu Road Transport Corporation (for short ‘PRTC’) in December, 1982 and joined as such on 01.01.1983.

Thereafter, he was adjusted as work charge Plumber w.e.f. 01.03.1988 in the same pay scale of work charge Motor Mate. The service conditions of the employees of the PRTC are governed by the Regulations known as “Pepsu Road Transport Corporation (Conditions of Appointment and Service Rules), 1981. In the year 1991-92, three posts of Steno Typist under promotion quota were lying vacant, out of which two posts were meant for general category and one for Scheduled Caste category and in order to fill up these three posts, various circulars were issued by the PRTC on 29.08.1991, 28.01.1992 and 07.07.1992, inviting applications from amongst the working employees of any cadre of the PRTC who were possessing the qualification of matriculation or equivalent with speed of 80/40 words per minute in shorthand and typing, respectively with two years experience in PRTC. The petitioner being eligible in all respects, applied for one of the said posts and he was called for shorthand/typing test conducted on 05.08.1993. The petitioner appeared and cleared the said test at the requisite speed and the result of the sam