Punjab-Haryana High CourtAshok Kumar vs Punjab State Power Corporation Ltd And ... on 1 June, 2018Author:Jaspal SinghBench:Jaspal SinghIN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                          Civil Writ Petition No.13880 of 2018
                                          DECIDED ON: June 01, 2018


ASHOK KUMAR

                                                              ..PETITIONER


                                     VERSUS


PUNJAB STATE             POWER           CORPORATION        LIMITED      AND
OTHERS


                                                           ...RESPONDENTS


CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:     Mr. Pawan Kumar Goklaney, Advocate,
             for the petitioner.

             *****

JASPAL SINGH, J. (ORAL)By virtue of the instant civil writ petition, preferred under

Articles 226/227 of the Constitution of India, petitioner has sought the

issuance of a writ particularly in the nature of Mandamus directing the

respondents to grant him the benefit of promotional increment(s), in view of

instructions issued by the respondent-department as well as in view of the

judgments passed by this Court in CWP No.20139 of 2015 (Chiman Singh

Vs. Punjab State Power Corporation Ltd. & ors.) decided on 29.02.2016

and CWP No. 10994 of 2016 (Pritpal SinghVs. Punjab State Power

Corporation Ltd. & anr.) decided on 20.12.2016 by which the same benefit

has already been granted to the similarly situated employees and further to

grant the interest @ 12% per annum.1 of 2::: Downloaded on - 07-07-2018 22:38:11 :::Civil Writ Petition No.13880 of 2018                                   --2--2.           At the very outset, learned counsel for the petitioner contends

that though a legal notice dated 23.04.2018 (P-5) was moved to the

respondents, but till date no response has been received. Learned counsel

further submits that petitioner feels satisfied in case a direction is given to

respondent No.2, to decide the aforesaid legal notice (P-5), within a

stipulated period.3.           Without expressing any opinion on merits of the case but

considering the aforesaid aspects as has been unfolded by the learned

counsel for the petitioner, instant petition is disposed of with a direction to

respondent No.2 to look into the grievances unfolded by the petitioner in

legal notice dated 23.04.2018 (P-5) and take a conscious decision within a

period of three months from the date of receipt of a certified copy of this

order, particularly in the light of the instructions as well as the judgments

referred to above in para 1 of this order.In case, competent authorities

come to the conclusion that petitioner is entitled to the relief(s) claimed, it

shall stand restricted to 38 months in view of Full Bench judgment of this

Court in case "Saroj Kumari vs. State of Punjab& ors., 1998 (3) SCT

664". However, if petitioner still feels aggrieved by any of the orders

passed by the aforesaid authority, he shall be at liberty to approach this

Court.June 01, 2018                                             (JASPAL SINGH)
Ankur                                                         JUDGE

Whether speaking/reasoned               Yes
Whether reportable                      Yes/No




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