CWP No.10174 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10174 of 2008 Date of Decision: 12.10.2010 **** Indira Rani . . . . 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. MS Gill, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 07.04.2006 (Annexure P6) whereby the benefit of time bound pay scale(s) granted to him on completion of 9 & 16 years of his service, respectively has been withdrawn on the ground that she has foregone promotion which was offered to her and consequential recovery has been ordered to be effected. (2). The respondents have filed their reply/affidavit maintaining that the above-stated benefit has been rightly withdrawn. CWP No.10174 of 2008.doc - 2 – (3). The undisputed facts are that the petitioner was granted 1st Time Bound Promotional Pay Scale on completion of 9 years of service w.e.f. 31.01.1987 and 2nd promotional pay scale on completion of 16 years of service w.e.f. 30.01.1994 thereafter she was offered promotion vide order dated 06.01.1995. (4). The issue “whether the Time Bound Promotional Pay Scale(s) already granted to an employee can be withdrawn on the ground that he/she refused to accept the promotion offered subsequently” has been elaborately dealt with by this Court in CWP No.2587 of 2009 titled as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 vide order dated 12.08.2010. (5). For the reasons mentioned in the Rattan Chand’s case (supra) the writ petition is allowed; the impugned order dated 07.04.2006 (Annexure P6) is hereby quashed. The respondents are directed to restore the Time-Bound Promotional Pay Scales to the petitioner granted on completion of 9 and 16 years of his service, besides refunding the amount already recovered from him. The respondents are further directed to re-fix the CWP No.10174 of 2008.doc - 3 – pension and other retiral dues of the petitioner accordingly. (6). Ordered accordingly. Dasti. (SURYA KANT) JUDGE 12.10.2010 vishal shonkar