IQBAL CHAND Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The limited issue which is urged for seeking the reliefs prayed by the petitioners in these writ petitions is of the entitlement of employees of erstwhile Delhi Vidhyut Board (DVB) who retired before the circulars dated 23.7.1997 and 21.12.1999 for grant of benefit as per these circulars. By these circulars the Delhi Vidhyut Board had granted enhancement in scale of pay to its employees with effect from a retrospective date i.e 1.4.1994. The issue is whether the employees who have retired in the period from 1.4.1994 to 1997/1999when the circulars were issued are or are not entitled to the monetary benefits given by these circulars.

(2.) This issue is no longer res integra and decided in terms of the judgment of a Division Bench of this Court in the case of Govt. of NCT of Delhi & Ors Vs. K.R.Jain & Ors, 2006 4 AD(Del) 529. By this judgment, the Division Bench set aside the judgment of a learned Single Judge of this Court dated 23.11.2004 passed in CMs 8463-64/2004 in W.P(C) No. 2337/2004 whereby the learned Single Judge had fixed the liability with respect to the employees of DVB whose services were transferred to the DISCOMS not on the DISCOMS but upon M/s Delhi Power Company Limited. The judgment of the learned Single Judge dated 23.11.2004 was passed on the applications seeking clarification as to on whom would the liability fall in terms of the judgment which was passed on 23.3.2004 allowing the writ petition W.P.(C) 2337/2004 holding that the employees of DVB who ceased to be in service between 1.4.1994 and 23.7.1997 would be entitled to the benefits of time bound promotion policy contained in the circulars dated 23.7.1997 and 21.12.1999. In fact, the original order dated 23.3.2004 passed in W.P(C) No. 2337/2004 simply reiterates the earlier decision in W.P.(C) No. 4316/2001 titled as D.S.Chauhan Vs. Delhi Vidyut Board dated 11.2.2004.

(3.) The judgment of the Division Bench in the case of Govt. of NCT of Delhi & Ors Vs. K.R.Jain & Ors was taken in challenge before the Supreme Court and the judgment of the Supreme Court is reported as North Delhi Power Limited Vs. Govt. of National Capital Territory of Delhi & Ors., 2010 6 SCC 278. The Supreme Court has upheld the judgment of the Division Bench of this Court and held that all service related benefits, including terminal benefits of the employees, are the liability of the DISCOMS. Paras 52, 60 and 61 of the said judgment are relevant and which read as under:-