SURESH GARG Vs. NDPL

JUDGEMENT

(1.) THE facts in all the aforesaid writ petitions are more or less similar and for the sake of convenience reference is made to the facts of W.P(C) 919/2013.

(2.) THESE are writ petitions filed by the petitioners who were erstwhile employees of Delhi Electric Supply Undertaking (DESU) and which thereafter became Delhi Vidhut Board (DVB). After unbundling of DVB, the services of the employees of DVB were transferred to various electricity distribution companies (DISCOMS). The petitioner services were also transferred to DISCOMS and in terms of the agreement between the DVB and the DISCOMS, the service conditions of the employees were not to be adversely affected, and they would continue to remain the same as were the service conditions of these petitioners with the erstwhile DVB. I may also note, and this would in a way be relevant for disposal of these petitions, that each of the petitioners have taken voluntary retirement many years back. The voluntary retirements were taken by the petitioners in around the year 2003-2004.

(3.) AS per the facts of this case the petitioner ordinarily would be entitled to the benefits in view of the aforesaid judgment dated 28.7.2008, which holds that as far as the condition regarding completion of 18 years of service as Junior Engineer (JE) is concerned, it is to be counted from the effective date of petitioner 's re-designation as JE and which was 1.11.1981 in the facts of that case. In the facts of that case 18 years therefore came to an end on 16.11.1999 and it was held that from 16.11.1999, the petitioner in that case was to be eligible for grant of pay scale of Executive Engineer (E.E) with effect from that date of completion of 18 years.