BRIJ KISHORE PUSHP Vs. ARUN GOEL

JUDGEMENT

(1.) The Petitioner filed Writ Petition (C) No. 1642 of 2002 against the erstwhile Delhi Vidyut Board ('DVB') for a direction to grant the third time- bound promotional grade to the Petitioner with effect from 30.7.1998 as well as all the consequential and retiral benefits. The grievance was that the Departmental Promotion Committee ('DPC') which met on 21.5.2001 had granted the third time-bound promotional scale to 11 persons including two persons junior to the Petitioner whereas the Petitioner's case was deferred awaiting advice of the legal department since certain departmental proceedings were pending against him. This Court found that the departmental proceedings had culminated on 20.3.2001 with the Petitioner being awarded the penalty of 'censure'. It was therefore held that the Petitioner's case for promotion had to be considered by the DPC. Accordingly by an Order dated 8.12.2003 disposing of W.P. (C) No. 1642 of 2002, this Court directed :

(2.) Even while the said writ petition was pending, DVB had been unbundled and been split up into different entities with effect from 1.7.2002 in terms of the Delhi Electricity Reforms Act, 2000 ('DERA') and the Delhi Electricity Transfer Scheme Rules 2001. The Delhi Power Company Ltd. (the Delhi Transco Limited) ['DPCL/DTL'] became the successor entity to the DVB as far as the present case is concerned. It was, in fact, the DTL that filed an affidavit in the Writ Petition (C) No. 1642 of 2002 in December 2002. After the Order dated 8.12.2003, the Petitioner wrote to the DPCL on 20.2.2004 seeking implementation of the said order. Thereafter the Petitioner filed an application for clarification.

(3.) On 17.5.2004 this Court passed the following order in CM No. 6733 of 2004 in Writ Petition (C) No. 1642 of 2002 :