CWP No.5094 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5094 of 2009 Date of Decision: 29.11.2010 **** Varinder Kumar Aggarwal . . . . 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 Shukla, Advocate for the petitioner Mr. PS Mattewal, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 03.08.2005 (Annexure P9) whereby the benefit of time bound promotional pay scale granted to him on completion of 9 & 16 years of service, respectively, has been withdrawn on the plea that he has foregone the promotion offered to him. The 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 The respondents have filed their reply/affidavit maintaining that the subject benefit has been rightly withdrawn. CWP No.5094 of 2009.doc - 2 – (3). The undisputed facts are that the petitioner was granted 1st Time Bound Promotional Pay Scale w.e.f. 11.03.1992 on completion of 9 years of service vide order dated 24.09.1993 and 2nd promotional pay scale w.e.f. 15.01.1999 on completion of 16 years of service on 23.11.2000. Thereafter, the petitioner made a representation dated 15.02.2002 (Annexure P5) to the authorities to allow him to forego his promotion to the post of Senior Executive Engineer due to some family problems. This request of the petitioner was accepted by the respondents on 18.03.2002 (Annexure P6). (4). The question as to “whether the Time Bound Promotional Pay Scale(s) already granted to an employee can be withdrawn on the plea that he/she has refused to accept the promotion offered subsequently” has been elaborately dealt with by this Court in CWP No.2587 of 2009 titled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. (5). For the reasons assigned in Rattan Chand’s case (supra), the writ petition is allowed; the impugned order dated 03.08.2005 (Annexure P9) is hereby quashed. The respondents are directed to restore the Time-Bound Promotional Pay Scales to the petitioner on completion of 9 and 16 years of his service, besides CWP No.5094 of 2009.doc - 3 – refunding the amount recovered from him. The respondent-authorities are further directed to re-fix the pension and other retiral dues of the petitioner accordingly. (6). Ordered accordingly. Dasti. (SURYA KANT) JUDGE 29.11.2010 vishal shonkar