CWP No.12757 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.12757 of 2010 Date of Decision: 17.12.2010 **** Deepak Raj . . . . Petitioner VS. Punjab State Electricity Board & Ors. . . . . . 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. RK Arora, Advocate for the petitioner Ms. Sarita Sangar, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 01.04.2008 (Annexure P4) whereby the benefits of Proficiency Step-up and time bound promotional Pay Scale(s) granted to him on completion of 9/16/23 years of service have been withdrawn on the plea that he has foregone the promotion offered to him. Consequential recovery has also been ordered to be effected from the petitioner. (2). The respondents have filed their reply/affidavit maintaining that the subject benefit has been rightly withdrawn. (3). The question as to “whether the Time Bound Promotional Pay Scale(s) already granted to an CWP No.12757 of 2010.doc - 2 – employee can be withdrawn on the plea that he/she has refused to accept the promotion offered subsequently” has been elaborately dealt with by this Court in CWP No.2587 of 2009 titled as Rattan Chand v. Punjab State Electricity Board and others decided vide order dated 12.08.2010. (4). For the reasons assigned in Rattan Chand’s case (supra), the writ petition is allowed; the impugned order dated 01.04.2008 (Annexure P4) is hereby quashed. The respondents are directed to restore the Proficiency Step-up/Time-Bound Promotional Pay Scale to the petitioner granted on completion of 9/16/23 years of his service, respectively besides refunding the amount already recovered from him. The respondents are further directed to re-fix the pension and other retiral dues of the petitioner accordingly. (5). Ordered accordingly. Dasti. 17.12.2010 vishal shonkar (SURYA KANT) JUDGE