CWP No.12539 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.12539 of 2008 Date of Decision: 12.10.2010 **** Mohinder Singh . . . . Petitioner VS. Punjab State Electricity Board & Anr. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. VK Shukla, Advocate for the petitioner Lt. Col. KP Singh, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner who joined the respondent-Board on 12.06.1979 as an Unskilled Worker and is now serving as a Technician Grade-II, is aggrieved by the withdrawal of the benefit of one additional increment which was granted to him w.e.f. 12.06.2002 on completion of 23 years of service and as a result thereto his basic pay has been reduced from `5500 to `5300 w.e.f. 01.05.2006. (2). In their reply/affidavit, it is maintained by the respondents that the above-stated benefit has been withdrawn as the petitioner had already been granted 2nd time- bound promotional scale CWP No.12539 of 2008.doc - 2 – on completion of 16 years of service w.e.f. 12.06.1995. (3). The petitioner has filed his rejoinder contending therein that no such Time Bound Promotional Pay Scale has ever been granted to him by the respondents. (4). Be that as it may, it is the conceded position that the impugned action has been taken by the respondents without any show cause notice and/or observing the principles of natural justice due to which, it also appears that the correct facts could not be brought before the authorities. (5). Since the very basis for withdrawal of the increment in question has been questioned by the petitioner, the impugned action cannot be allowed to sustain. (6). Consequently, the decision for withdrawing the benefit of one additional increment granted to the petitioner w.e.f. 12.06.2002, is hereby set aside and recovery order is set aside. The amount already recovered from the petitioner is directed to be refunded within a period of three months from the date of receipt of a certified copy of this order. (7). However, if there exists any valid ground to withdraw the above-stated benefit of additional CWP No.12539 of 2008.doc - 3 – increment, the respondents shall be at liberty to issue a show cause notice to the petitioner and pass an appropriate order after giving him due opportunity of hearing. (8). Ordered accordingly. Dasti. 12.10.2010 vishal shonkar (SURYA KANT) JUDGE