Allowed

Harbans Lal v. H.S.E.B. etc.

Punjab & Haryana HC16 Jan 2012CWP/7028/1995

Case brief

AI extract

What is this about?

In a writ petition regarding pension and retirement benefits, the High Court held that a retired petitioner is entitled to notional promotion benefits calculated for a period from three years prior to filing until superannuation. The Court allowed the petition with directions to compute terminal benefits including scale adjustments.

What did the court decide?

Petition allowed; petitioner to be granted promotion benefits on a notional basis for a period of three years prior to filing till superannuation, with computation to be completed within eight weeks.

Harbans Lal Vs H.S.E.B. etc. — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.7028 of 1995 (O&M) Date of decision: 16.01.2012

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Harbans Lal son of Shri Bihari Lal, Assistant Foreman, under A.E.E., Transport Sub Division, Guru Nanak Dev Thermal Plant, Bhatinda.

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....Petitioner

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versus

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Punjab State Electricity Board, The Mall, Patiala, through its Chairman, and others.

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....Respondents

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CORAM: HON’BLE MR. JUSTICE K. KANNAN

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Present: Mr. B.N. Sehgal, Advocate, for the petitioners.

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Mr. R.L. Sharma, Advocate, for the respondents.

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Whether reporters of local papers may be allowed to see the judgment ? No.

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To be referred to the reporters or not ? No.

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Whether the judgment should be reported in the digest ? No.

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----

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K.Kannan, J. (Oral)

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Service to the respondents is complete. The application in CM No.6410 of 2011 has been filed for disposal of the writ petition in terms of the decision obtained in the Civil Appeal disposed off by this Court in RSA No.1012 of 1986, dated 28.04.2010. At a previous occasion, Mr. R.L. Sharma, Advocate, had been directed to take notice on behalf of the Electricity Board. The counsel now states that he has never appeared for the Electricity Board previously and notice could be taken to the respondents.

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Civil Writ Petition No.7028 of 1995 (O&M) - 2 -

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I find that the service of notice in the writ petition has been complete and I do not find any reason to issue a notice to the respondents again.

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The writ petition seeks for a relief for consideration for promotion of the petitioner from the day when the 5^th respondent had been promoted. The 5^th respondent-Jeet Ram has secured the relief in the suit complaining of promotion to yet another employee Sheru Ram, who had gained promotion as Assistant Junior Specialist, although he was junior to him. The second appeal filed at the instance of Electricity Board against the decree obtained by the 5^th respondent has been dismissed and this Court has confirmed the decree granted by the Civil Court that the 5^th respondent was entitled to be considered for promotion from the day when Sheru Ram was promoted as Assistant Junior Specialist.

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The petitioner's claim as a senior to the 5^th respondent has not been denied by the Electricity Board through any written statement. If the 5^th respondent was entitled to be considered for promotion from the day when his junior Sheru Ram had been promoted to the post as Assistant Junior Specialist, a fortiorari the petitioner, who claims as a senior to the 5^th respondent Jeet Ram, must also be considered as having been promoted from the day when his junior Jeet Ram was directed to be treated as promoted in terms of Civil Court decree and confirmed by this Court in the decision in RSA No.1012 of 1986, decided on 28.04.2010.

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Civil Writ Petition No.7028 of 1995 (O&M) - 3 -

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The counsel for the petitioner states that the petitioner has already retired. I, therefore, direct that the benefits attendant to such promotion post shall be calculated and released to the petitioner on notional basis and it will be released for a period commencing for 3 years prior to the filing of the writ petition and till he obtained the age of superannuation. The scales applicable to the promotion post would be also relevant for computation of terminal benefits and calculation therefor shall be made for any excess payment that would become payable to the petitioner within a period of 8 weeks from the date of receipt of copy of this order.

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The writ petition is allowed with the above directions.

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(K. KANNAN) JUDGE

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16.01.2012 sanjeev

Harbans Lal v. H.S.E.B. etc.

Case brief

What is this about?

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Harbans Lal v. H.S.E.B. etc.

Case brief

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What did the court decide?

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