CWP No.371 of 2007.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.371 of 2007 Date of Decision: 12.10.2010 **** Pritam Singh . . . . 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. AK Walia, Advocate for the petitioner Mr. Vikas Chatrath, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 14.07.2006 (Annexure P6) whereby the benefits of Time Bound Higher Pay-Scale granted to him on completion of 16 years of service has been withdrawn on the ground that having foregone the promotion offered to him, the petitioner was not entitled to the said benefit. (2). The respondents have filed their reply/affidavit maintaining that the pay-scale in question has been rightly withdrawn. CWP No.371 of 2007.doc - 2 – (3). The undisputed facts are that the petitioner was granted the Time Bound Higher Pay-Scale on completion of 16 years of service vide order dated 29.07.1992. Thereafter he was offered promotion to the post of UDC vide order dated 06.11.2001 (Annexure P3/T) which the petitioner did not accept. (4). The issue “whether the Proficiency Step-up/Time Bound Pay Scale(s) already granted to an employee can be withdrawn on the ground that he/she refused to accept the promotion offered subsequently” has been elaborately dealt with by this Court in CWP No.2587 of 2009 titled as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 on 12.08.2010. (5). For the reasons mentioned in the Rattan Chand’s case (supra), the writ petition is allowed and the impugned order dated 14.07.2006 (Annexure P6) is hereby quashed. The respondents are directed to restore the Time- Bound Higher Pay Scale to the petitioner on completion of 16 years of service 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 CWP No.371 of 2007.doc - 3 – accordingly within a period of four months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. 12.10.2010 vishal shonkar (SURYA KANT) JUDGE