RATTAN CHAND Vs. P.S.E.B. PATIALA

JUDGEMENT

(1.) THE petitioner seeks quashing of the order dated 23rd December, 2008 (Annexure P5), whereby his representation for withdrawal of the order, recalling the time -bound promotional scale earlier granted to him on completion of 9/16 years of service, has been turned down. The petitioner also seeks consequential direction to the respondents to refund the amount of Rs. 1,27,431 which was illegally deducted from the arrears of his Death -Cum -Retirement Gratuity (DCRG) at the time of his retirement.

(2.) THE petitioner joined the erstwhile Punjab State Electricity Board as an Assistant Lineman on 15th June, 1977. He did not get any promotion till the respondent - -Board notified the time -bound promotional scales for its stagnated employees on 23rd April, 1990 (Annexure P1). In terms of that policy, the petitioner was granted time bound promotional scale on completion of 9 years of service with effect from 11th October, 1990 followed by the 2nd time -bound promotional scale granted on completion of 16 years of service with effect from 18th June, 1993. It further appears that the petitioner was offered promotion to the post of Lineman, - -vide letter dated 27th December, 2001 which he did not accept due to 'familial circumstances'. Soon thereafter, the petitioner retired with effect from 30th September, 2002 on attaining the age of superannuation.

(3.) THE petitioner protested and represented to the respondent -authorities. As the representation did not find favour with the respondents, the petitioner approached this Court by way of CWP No. 17126 of 2008 which was disposed of with a direction to the respondent to decide the legal notice served on his behalf. In compliance thereto that the impugned order dated 23rd December, 2008 (Annexure P5) has been passed and conveyed to the petitioner through his counsel, - -vide memo dated 15th January, 2009 (Annexure P6), giving rise to this writ petition.