G. S. Singhvi, J. - (1.) Leave granted.
(2.) With a view to give relief to the employees who were stagnating in particular positions for a long period of time, the Punjab State Electricity Board (for short, "the Board") introduced a scheme for giving time bound promotional scales/increments on completion of 9/16/23 years of regular service. The same was circulated vide office order dated 23rd April, 1990, the relevant portions of which are extracted below :- "In continuation consolidation and supersession of instructions contained in this office order No. 174/PRC/Fin-1988, dated 17.07.1989, Memo No. 11163/11863/PRC/ Fin-I/1988/L-VI/(Prop, dated 19.1.1990 and O/o No.194/PRC/Fin-1988, dated 30.03.1990. The Punjab State Electricity Board have been seized of the problems of stagnation prevailing amongst the various cadres of regular employees and its consequent effect on their efficiency, is felt that an employee should, under ideal service conditions get normally two promotions from his initial recruitment level during his service. However, this is not always possible owing to non-availability of promotional posts. The aspiration of the employees, can, however be met to a great extent by allowing time bound higher scales to the employees at two stages in their service career. The Punjab State Electricity Board has, therefore, decided to introduce a scheme to allow time bound benefit of promotional scales after the completion of 9/16 years of regular service in the PSEB, provided the maximum benefit on being placed in the time bound promotional scale does not exceed five increments including promotional increment(s) to the subordinate employee having a maximum scale upto Rs. 3500/- except the categories where the benefit of time bound placement to higher scale is applicable on the Punjab Govt. pattern as in the case of teachers etc. When the benefit so exceeds five increments, the time bound promotional scale will be so revised that the minimum benefit on being placed in the time bound promotional scale is five increments including promotional increment(s). It is clarified that in devising the scale, the case of a direct recruit will be taken, who presumably enters service on minimum of the scale on 1.1.1986. A promotee employee will be fixed at the minimum of this promotional revised time bound scale and in case he has already crossed the minimum of time bound promotional scale or revised higher time bound scale, as the case may be, his pay will be fixed as if he has been promoted in the ordinary course i.e., by allowing promotional increment(s). Likewise a direct recruit on completion of nine years regular service will draw minimum of the promotional time bound revised scale irrespective of difference of more than five increments between the pay drawn by him on completion of 9 years service and the minimum of this promotional revised time bound scale and in the event of his pay having already crossed the minimum of this promotional revised time bound scale or promotional time bound scale, as the case may be, his pay will be fixed as he has promoted in the ordinary course i.e. by allowing promotional increment(s). The scheme to allow Time Bound Benefit of Promotional Scale will take effect from 1.1.1986. However, the payment of arrears would be spread over to two years i.e. arrears from 1.1.1986 to 28.2.89 and 1989-90 would be paid in 1990-91 and 1991-92, respectively. Features of the Scheme :- 1. The benefit of first time bound placement into promotional/revised promotional scale, as determined and notified on the basis of principles enunciated above, would become available to an employee on completion of 9 (Nine) years of regular service on a post and the second time bound Promotional/Revised Promotional Scale would become available after completion of 16 (sixteen) years of service. If an employee gets normal promotion to the next higher post before completion of 9 years service from the date of direct recruitment then he will not be given first time bound Promotional/Revised Promotional Scale. He will be eligible to get second time bound Promotional/Revised Promotional Scale after the completion of 16 years of service counted from the date of direct recruitment provided he does not earn second normal promotion before the completion of the abovesaid 16 years of service. Further, an employee placed into the first Promotional/Revised Promotional Scale on account of high length of service will not be placed into the Second Promotional/ Revised Promotional Scale before completion of at least three years from the date of his placement into the first promotional revised promotional scale. For example an employee who has completed 17 years of service in an induction post and was not promoted upto 1.1.1986, will be allowed 1st time bound Promotional/Revised Promotional Scale on 1.1.1985 and the 2nd time bound Promotional/ Revised Promotional Scale will be admissible on 1.1.1989 i.e. after completion of three years service in the first time bound Promotional/Revised Promotional Scale. 2. For granting the time bound Promotional/Revised Promotional Scale to each employee in any cadre, the prescribed period will be counted from the date of commencement of service on the lowest post on which regular appointment has been made through direct recruitment in the concerned cadre. 3. At the time of placement in the time bound Promotional/Revised Promotional Scale, the employee will be allowed promotional increment(s, as are admissible on promotion under the provisions of Regulation 8 of PSEB (Revised Pay) Regulations, 1988 and as amended from time to time. 4. If an employee already in the service of the Board is directly appointed to a higher post through open selection then for the purpose of grant of time bound Promotional/Revised Promotional Scale in that cadre counting of the period of service will commence from the date of joining the above post by direct recruitment. 5. The Board shall draw up schedule(s) indicating the lowest post(s) for direct recruitment in respect of various cadres for the purpose of this order, separately. ********** i) The Punjab State Electricity Board has further decided to allow benefit of promotional increment(s) to an employee on completion of 23 years of regular service provided :- ii) He has not been benefited by the scheme of 9/16 years time bound promotional scale. iii) He has not earned three regular promotions in his career. iv) He has not earned third promotion in his regular service between 16th and 23rd years of service. v) The increments referred to in para-2 above are in the nature of advance promotional benefit to be absorbed in next regular promotion. Sd/- Deputy Secretary/Finance." (Emphasis added)
(3.) The respondents, who were engaged as work-charged employees in the service of the Board between 18.11.1971 and 23.10.1993 and were appointed on regular basis on different dates between 7.11.1979 and 26.5.1999, filed writ petitions for issue of a direction to the Board and its officers to count their work-charged service for the purpose of grant of time bound promotional scales/promotional increments from the date of completion of 9/16/23 years service.;