LAWS(P&H)-2022-5-156

BHAKRA BEAS MANAGEMENT BOARD Vs. JAGDISH RAM

Decided On May 25, 2022
BHAKRA BEAS MANAGEMENT BOARD Appellant
V/S
JAGDISH RAM Respondents

JUDGEMENT

(1.) The present appeal is directed against the order of the learned Single Judge passed in CWP-16169-2013 filed by the respondent-writ petitioner on 11/7/2018.

(2.) In effect, the learned Single Judge has allowed the writ petition directing the appellants herein to step-up the pay of the writ petitioner equal to that being drawn by his junior, Bhupinder Singh from the due date. The learned Single Judge had found that the junior was granted the benefit of Time-Bound Promotional Scale (TBPS) on completion of 9 years of service w.e.f. 12/4/1998. It was found that the writ petitioner had been given the second promotional scale on 1/10/2003 on completing 16 years of service but not given the benefit of the one on completing 9 years and thus, the pay anomaly had occurred and the person junior to the writ petitioner had been granted both 9/16 TBPS.

(3.) Counsel for the Board has tried to draw our attention to the Finance Circular dtd. 23/4/1990 which was notified by the Punjab State Electricity Board and had been adopted by the appellant-Board vide it's communication dated 1L06.1990 (annexed with the writ petition as Annexure P-3 Colly.). It is submitted that since the appointments are of 1989 therefore, the said adoption was prospective and not retrospective.