Himachal Pradesh State Electricity Board Limited v. Krishan Chand Malhotra
2016-03-31
MANSOOR AHMAD MIR, SURESHWAR THAKUR
body2016
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. 1. This Letters Patent Appeal is directed against the judgment and order, dated 17th August, 2010, made by the Writ Court/learned Single Judge in CWP (T) No. 5413 of 2008, titled as Krishan Chand Malhotra and Others vs. Himachal Pradesh State Electricity Board, whereby the writ petition filed by the writ petitioners-respondents herein came to be allowed with a direction to the writ respondents-appellants to allow the petitioners time bound benefit of promotional scales/devised promotional scale on completion of 9/16 years of service with all consequential benefits (for short “the impugned judgment”). 2. It is apt to reproduce para 12 of the impugned judgment herein: “12. Accordingly, in view of the observations made hereinabove, the petition is allowed. Respondent is directed to allow the petitioners time bound benefit of promotional scales/devised promotional scale on completion of 9/16 years of service with all the consequential benefits in terms of scheme contained in Annexure A-5 dated 31.1.1991. Needful be done within a period of two months from the date of production of certified copy of the judgment by the petitioners. No costs.” 3. The moot question is – whether the Court can direct the respondents to grant promotional scales/devised promotional scales? The answer is in the negative for the following reasons: 4. An employee has a right of consideration only and not a right of promotion. So, at the best, the Court can direct the respondents to consider the case of the employees-writ petitioners for grant of time bound benefit of promotional scales/devised promotional scale. 5. Having said so, we deem it proper to modify the impugned judgment by providing that the writ respondents are directed to consider the case of the writ petitioners for grant of time bound benefit of promotional scales/devised promotional scale as per the scheme occupying the field, within six weeks. 6. Accordingly, the appeal is disposed of and the impugned judgment is modified, as indicated hereinabove. Pending applications, if any, are also disposed of.