Regular Second Appeal No. 572 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 572 of 2009(O&M) Date of Decision: 3.2.2009 *** Punjab State Electricity Board & Ors. .. Appellants VS. Raj Kishan. .. Respondent. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. P.S. Mattewal, Advocate for the appellants. *** ARVIND KUMAR, J. Delay condoned. After having lost concurrently before the two Courts below, the appellant-defendants have approached this Court by way of filing the instant regular second appeal and laid challenge to the judgments and decrees passed by the Courts below. I have heard learned counsel for the appellants and have gone through the paper-book carefully. The plaintiff-respondent filed a suit for declaration and mandatory injunction, questioning the legality of the order passed by the Chief Engineer West Zone, Bathinda whereby his request for grant of 23 years' promotional scale, which was granted to the similarly situated employees, was denied. The stand of the appellants was that the plaintiff availed two promotions firstly as Lineman and secondly as Foreman and there is no avenue for his third promotion, which is requisite for grant of 23 years promotional scale, his prayer was turned down by the Department. It emerges out from the record that what impressed the Courts below to concurrently held the plaintiff entitled to the said relief, was not Regular Second Appeal No. 572 of 2009 2 only the admission of DW1 Darshan Kumar, Superintendent wherein while confronted with various circulars, he admitted that the case of the plaintiff is liable to be decreed, but also the fact that there exist 3rd promotion stage for the plaintiff in the hierarchy of his cadre i.e. as Special Foreman. Although it was pleaded that the case of the plaintiff for 3rd promotion was considered and he was not found eligible for that because he was only matriculate, but the said plea belied from the correspondence made available by the Department to the plaintiff under the Right to Information Act, wherein it was provided that the promotion to the post of Special Foreman is to be made from amongst the Foreman-Workman Cable Jointer on the basis of seniority-cum-merit. Thus, both the Courts below rightly concluded that the action of the Department in not granting 23 year promotional scale to the plaintiff is illegal and accordingly directed the latter to extend the said benefit to the plaintiff w.e.f. 1.1.1996 along with interest @ 12% per annum till the date of actual realization. There is no illegality and perversity in the approach adopted by the Courts below. Nothing has been shown to take a contrary view than that of concurrent findings recorded by the Courts below. No substantial question of law, which is sine qua non for admission of appeal is made out. The appeal is wholly without merits and the same is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE February 3,2009 Jiten