NARESH KATOCH Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-

(2.) Brief facts necessary for the adjudication of present petition are that the petitioner was appointed as an Assistant Engineer with the respondent-Board on 28/7/1989. In terms of the Policy in vogue in the respondent-Board, qua which there is no dispute, an incumbent who had served the Department against a post without any promotion, was entitled to time bound promotional scale after completion of nine years of service and second time bound promotional scale after completion of sixteen years of service on the post concerned. As the petitioner stagnated against the post of Assistant Engineer after his appointment, accordingly on 28/7/2005, on completion of sixteen years of service, he became eligible for the grant of second time bound promotional scale

(3.) The petitioner felt aggrieved when other persons similarly situated as the petitioner were granted the second time bound promotional scale w.e.f. 24/7/2005, but he was ignored. He made a representation in this regard, which was rejected vide Annexure P-17, i.e. order dtd. 13/7/2012, on the ground that he was not absolved of the charges levelled against him, which amounted to violation of the Conduct Rules and further as the petitioner was held guilty and penalised in the departmental proceedings and a criminal case charge sheet was pending against him for his actions prior to July, 2005, therefore, he was not entitled for the grant of second time bound promotional scale.