IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 4663 of 2003 Date of Decision : July 08, 2008 Punjab State Electricity Board ....Appellant Versus Krishan Kumar and others .....Respondents CORAM : HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. N.S. Boparai, Advocate for the appellant. Mr. S.K. Sharma, Advocate, for the respondents. T.P.S. MANN, J. Suit for declaration filed by the plaintiffs/respondents that they were entitled to the grade of Chargeman, i.e. Rs. 700-1200, from the date of their appointments and thereafter the revised grade of Rs. 1800-3200, was decreed by learned Additional Civil Judge (Senior Division), Patiala on 8.6.2002. The defendant/appellant filed an appeal but the same was dismissed by learned Additional District Judge, Patiala on 22.4.2003. Still aggrieved, the defendant filed the present second appeal under Section 100 of the Code of Civil Procedure. The case of the plaintiffs/respondents was that they had been working as work-charge Chargemen in the Thermal Plant, Bathinda. They Regular Second Appeal No. 4663 of 2003 were first granted the grade of Rs. 430–800 from the date of their promotions as Chargemen, whereas regular Chargemen discharging the same duties were getting the grade of Rs. 700–1200, which was later on revised to Rs. 1800–3200. Balbir Singh and Jagtar Singh, two other Chargemen, had earlier approached the civil Court. Their suit was decreed in appeal by learned Additional District Judge, Patiala on 17.4.1997 and they were held entitled to the pay scale of regular Chargeman, i.e. Rs. 700– 1200 from the date of their appointments as Chargemen, besides being entitled to the revised pay scale from the dates those were granted to regular Chargemen. Claiming that the nature and the duties of the plaintiffs as Chargemen were the same as that of regular Chargemen, the plaintiffs challenged the action of the defendants in not granting them the pay scale of regular Chargemen. In its written statement, the defendant/appellant while taking up the preliminary objections that the suit was barred by time, the suit was not maintainable, the plaintiffs were estopped by their acts and conduct, the civil Court had no jurisdiction and the plaint lacked particulars as required under Order VII Rule 10 C.P.C, it was averred that the action of the Board was legal, valid and within rules and regulations. It was further claimed that the case of Balbir Singh and Jagtar Singh did not help the plaintiffs as that case was decided on its own merits. The plaintiffs were not parties to the said suit. In view of letter Ex. P.8 of the Chief Engineer, the defendant- -2- Regular Second Appeal No. 4663 of 2003 appellant may find it difficult to argue that the nature and duties of the work-charge Chargemen were the same as that of regular Chargemen. In fact, the Chief Engineer vide letter Ex.P.8 acceded to the request of the work-charge Chargemen by recommending that they should have been provided the same pay scales as that of regular Chargemen. Two other work-charge Chargemen had filed a suit for declaration that they were entitled to the pay scale of regular Chargemen, i.e. Rs.700-1200 from the date of their promotion as Chargemen which pay scale was revised to Rs. 1600-3200 w.e.f. 1.1.1986 which was dismissed but their appeal was accepted by learned Additional District Judge, Patiala on 17.4.1997. Aggrieved of the same, the Board preferred R.S.A. No. 3479 of 1997, which was dismissed on 11.3.1998 and the judgment and decree passed by the learned Additional District Judge, Patiala was upheld. On the basis of the decision in the aforementioned Regular Second Appeal, one Chand Singh filed CWP No. 19436 of 2002 in this Court under Articles 226/227 of the Constitution of India, praying for directions to the respondents therein, i.e. the Board, to release the benefit of pay scale of regular Chargemen to him from the date the same had been released to other Chargemen, namely, Balbir Singh and Jagtar Singh. The said writ petition was disposed of on 29.4.2003 in terms of order dated 11.3.1988 passed in the aforementioned appeal, i.e. R.S.A. No. 3479 of 1997, copy of which was attached with the said writ petition as Annexure P.2. The decision dated 29.4.2003 was, thereafter, challenged by the Board by filing S.L.P. (Civil) No. 15789 of 2003, but the same was dismissed by Hon’ble -3- Regular Second Appeal No. 4663 of 2003 Supreme Court on 2.12.2003. The issue regarding grant of pay scale of Rs. 700-1200 to the plaintiffs/respondents from the date of their appointments as work-charge Chargemen and revised grade of Rs. 1800-3200 having been already settled by this Court in R.S.A. No. 3479 of 2002 and the latter decision being upheld by the Hon’ble Supreme Court on 2.12.2003, the defendant- appellant has no case to argue in the present second appeal. None of the substantial questions of law, as claimed by the appellant can possibly arise in the appeal. Resultantly, the appeal is without any merit and, therefore, dismissed. ( T.P.S. MANN ) July 08, 2008 JUDGE satish Whether to be referred to the Reporters : YES / NO -4-