CWP No.8917 of 2006.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.8917 of 2006 Date of Decision: 12.10.2010 **** Rakesh Mehra . . . . 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. VK Sandhir, Advocate for the petitioner Mr. NS Boparai, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 24.11.2005 (Annexure P4) whereby the benefits of Proficiency Step-up and time bound Pay Scale granted to him on completion of 8 & 9 years of service has been withdrawn on the plea that he had foregone the promotion offered to him, and consequential recovery has also been ordered to be effected from him. (2). The respondents have filed their reply/affidavit maintaining that the above-stated benefits have been rightly withdrawn. CWP No.8917 of 2006.doc - 2 – (3). The undisputed facts are that the petitioner was granted the Proficiency Step up on completion of 8 years of service w.e.f. 19.01.1995 vide order dated 03.01.1997 (Annexure P1) as also the time bound Pay Scale on completion of 9 years of service w.e.f. 19.01.1996 vide order dated 21.08.1997 (Annexure P2). Thereafter the petitioner was offered promotion vide order dated 17.05.1996 which was foregone by him. (4). The issue as to “whether the Proficiency Step- up/Time Bound Pay Scale(s) already granted to an employee can be withdrawn on the ground that he/she refused to accept the subsequently offered promotion” has been elaborately dealt with by this Court in CWP No.2587 of 2009 titled as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. (5). For the reasons assigned in Rattan Chand’s case (supra), the writ petition is allowed; the impugned order dated 24.11.2005 (Annexure P4) is hereby quashed. The respondents are directed to restore the Proficiency Step-up/Time-Bound Pay Scale to the petitioner granted on completion of 8 and 9 years of his service, respectively besides refunding the amount already recovered from him. The CWP No.8917 of 2006.doc - 3 – respondents are further directed to re-fix the pension and other retiral dues of the petitioner accordingly. (6). Ordered accordingly. Dasti. 12.10.2010 vishal shonkar (SURYA KANT) JUDGE