IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on : 28.01.2025 GANGA PARSAD ....Petitioner VERSUS THE PUNJAB STATE POWER CORPORATION LTD. AND OTHERS .....Respondents CORAM: HON'BLE MRS. JUSTICE LISA GILL HON'BLE MR. JUSTICE ALOK JAIN Present: Mr. Abhishek Khullar, Advocate for petitioner.

Mr. A.S. Chadha, Advocate for respondents.

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LISA GILL , J .

1. Petitioner seeks setting aside of order dated 24.09.2020 (Annexure P-5), whereby his claim for 23 year promotional scale alongwith interest @ 12% from the date on which it became due i.e. 08.02.2001, has been rejected. He also seeks setting aside Finance Circular dated 01.10.2018 (Annexure P-7) to the extent it has been made applicable prospectively.

2. Brief facts necessary for adjudication of the matter, as pleaded are that petitioner, was appointed as Peon with the respondent-Corporation on 09.02.1978. He was promoted as Bill Distributor (BD) on 16.02.1985 and retired as such on 30.11.2013. Petitioner claims that he was entitled to grant of 23 year promotional scale on completion of 23 years of his service on 08.02.2001. When this benefit was denied, he filed CWP-22562-2016, which was disposed of on 22.04.2019 alongwith a number of other writ petitions (lead case CWP-21385- 2016) wherein respondents were directed to take a decision on pending representations of petitioners, in terms of decision dated 29.11.2018 in CWP- 1013-2007, titled ‘Balvir Singh Vs. PSPCL and another’. Accordingly, speaking order dated 24.09.2020, Annexure P5, was passed whereby claim setup by petitioner was rejected on the premise that petitioner did not fulfill condition (i) of Finance Circular 20/2000 dated 28.07.2000 i.e. third avenue of promotion was never available to petitioner. Aggrieved therefrom, present writ petition has been filed.

3. Learned counsel for petitioner vehemently argues that impugned order dated 24.09.2020 has been incorrectly passed without taking note of the fact that in terms of circular dated 01.10.2018, condition no. (i) of circular 20/2000 has been deleted. It is contended that prospective application of circular dated 01.10.2018 is illegal and ultra vires the Constitution of India as it creates an unreasonable distinction between the employees, same benefit which is available to the employees w.e.f. 01.10.2018 is being denied to petitioner without any rationale or reasonable cause. It is thus prayed that circular dated 01.10.2018 should be declared to have retrospective effect and accordingly promotional scale permissible to petitioner should be afforded.

4. Learned counsel for respondents has opposed the writ petition while submitting that a circular/instruction, until and unless specifically provides that it would have retrospective effect, cannot be deemed to be so. Moreover, petitioner has admittedly retired on 30.11.2013. He never raised such a claim for promotional scale since 08.02.2001 i.e., the date on which he claims the benefit to have become due. For the first time, CWP-22562-2016 was filed, that too three years after his retirement. It is, thus prayed that this writ petition be dismissed being devoid of any merit.

5. We have heard learned counsel for parties and perused the file carefully with their able assistance.

6. Appointment of petitioner on the post of Peon on 09.02.1978 with erstwhile PSEB, his promotion as Bill Distributor on 16.02.1985 and retirement while pursuing on the said post on 30.11.2013, is a matter of record. It is pertinent to note that the Scheme to allow time bound benefit of promotional scale was put in place by Punjab State Electricity Board (PSEB) i.e. predecessor of respondent-Corporation, as per the Finance Circular No.17/90 dated 23.04.1990. Provision was made for the time bound promotional scale on completion of 09 years and 16 years of service (Annexure P1), on the conditions which are mentioned therein. Subsequently, PSEB vide its circular No.20/2000 dated 28.07.2000, decided to grant benefit of promotional increments