CWP No. 15506 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 15506 of 2011 Date of Decision :24.08.2011 Arya Chander & others .......... Petitioners Versus Dakshin Haryana Bijli Vitran Nigam & others ...... Respondents **** CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Shailendra Sharma, Advocate for the petitioners. **** AUGUSTINE GEORGE MASIH,J. (ORAL) It is the contention of the counsel for the petitioners that the petitioners are entitled to Assured Career Progression by way of notional fixation of pay in view of Annexure P-3 dated 23.2.2004. He contends that the benefit was not granted to the petitioners merely on the ground that the petitioners had retired by the time when the said scheme had come into force. Similarly placed employees had approached this Court by filing CWP No. 14580 of 2006 titled 'Prem Paul and others vs. The Managing Director, Uttar Haryana Bijli Vitran Nigam and others'. The said writ petition was decided by a Division Bench of this Court on 7.5.2008 holding therein that the retirees would be entitled to the benefit of notional fixation of pay by granting them benefit of the scheme w.e.f. 1.1.1996 and then on such fixation of the pay pensionary benefits shall be CWP No. 15506 of 2011 -2- calculated and paid to the petitioners. The petitioners are similarly placed as the persons who had approached this Court by way of CWP No. 14580 of 2006 titled 'Prem Paul and others vs. The Managing Director, Uttar Haryana Bijli Vitran Nigam and others' and, thus, are entitled to the same benefit. He contends that the association of which the petitioners are also members had filed a representation, copy whereof has been attached with the writ petition as Annexure P-6, but no benefit has been granted to the petitioners on that representation. He, however, contends that the petitioners shall submit a detailed representation within a period of 15 days from today, which may be considered and decided by the Superintending Engineer (Admn.) Dakshin Haryana Bijli Vitran Nigam, Hisar (Haryana)- respondent No.4 and the Chief Accounts Officer, Dakshin Haryana Bijli Vitran Nigam, Hisar (Haryana) – respondent No.5 within some specified time. Without going into the merits of the case or commenting thereon the present writ petition is disposed of with liberty to the petitioners to submit a representation to the Superintending Engineer (Admn.) Dakshin Haryana Bijli Vitran Nigam, Hisar (Haryana)-respondent No.4 and the Chief Accounts Officer, Dakshin Haryana Bijli Vitran Nigam, Hisar (Haryana) – respondent No.5 within a period of 15 days from today. If such a representation is submitted by the petitioners the same shall be considered and decided by the Superintending Engineer (Admn.) Dakshin Haryana Bijli Vitran Nigam, Hisar (Haryana)-respondent No.4 and the Chief Accounts Officer, Dakshin Haryana Bijli Vitran Nigam, Hisar (Haryana) – respondent No.5 within a period of three months from the date of receipt of such representation. In case the decision comes in favour of the petitioner CWP No. 15506 of 2011 -3- the consequential benefits be granted and released to the petitioners within a period of six weeks thereafter. 24.08.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE