- (1.) This order shall dispose of LPA No.883 of 2012 titled as Executive Engineer, Punjab State Electricity Board vs. Paul Singh JE (Retd) and others, LPA No.884 of 2012 titled as Executive Engineer, Punjab State Power Corporation Ltd. vs. Mulakh Raj and others, LPA No.885 of 2012 titled as Executive Engineer, Punjab State Electricity Board vs. Subhash Chander Sharma and others & LPA No.886 of 2012 titled as Executive Engineer, Punjab State Power Corporation Ltd. vs. Sukhdev Dutt & Others arising out of common order passed by the learned Single Judge of this Court on 24.01.2012 whereby writ petitioners were found entitled to promotional increments in terms of the Circular dated 23.04.1990.
(2.) Though before the learned Single Judge, it was admitted that the petitioners fulfilled the criteria mentioned in the Circular but it was argued that a decision of this Court rendered in second appeal cannot be applied in a writ proceeding. The learned Single Judge found that since the petitioners fulfilled the criteria mentioned in the Circular, therefore, the petitioners are entitled to promotional increments.
(3.) Before this Court, learned counsel for the appellant relied upon a Circular dated 17.3.2010 to contend that passing of a departmental examination is a condition precedent for grant of promotional increment. It is contended that since the writ petitioners have not qualified the departmental examination, therefore, they are not entitled to promotional increments. Reliance is also placed on a judgment in Bhakra Beas Management Board vs. Krishan Kumar Vij and another, 2010 8 SCC 701 to contend that the conditions as are specified in the Scheme for the grant of increments are required to be satisfied before the promotional increments are released to the employees.;