JASWANT SINGH,J. - (1.) Petitioner-Kaur Singh was appointed as Sewadar in the year 1976 with the erstwhile Punjab State Electricity Board (now Punjab State Power Corporation Limited), and in terms of the incentive policy granting higher pay scale to the employees on completion of 9/16 years' service, he was granted higher pay scale of Rs. 950-1800 w.e.f. 16.10.1992 after completion of sixteen (16) years' service as Sewadar. The said pay scale, on revision of pay scales w.e.f. 01.01.1996, was revised to Rs. 3370-6100, and, thus, he was placed in the said revised pay scale of Rs. 3370-6100. The petitioner was promoted to the post of Hawaldar on 02.06.1998, which was carrying the functional pay scale of Rs. 2930-5300. On promotion, he was granted an increment, although admittedly the promotional post carried a lower pay scale. The illegality was noticed and vide order dated 10.03.2010, the pay of the petitioner was reduced by withdrawing the aforesaid promotional increment illegally given at the time of promotion in terms of the Finance Circular No. 74/90 dated 26.12.1990. Consequently, a recovery for a sum of Rs. 48,967/- (Forty Eight Thousand Nine Hundred Sixty Seven only) was ordered vide impugned letter dated 16.08.2010 (Annexure P-2). Hence, the writ petition seeking quashing of the letter dated 16.08.2010 (P-2), as also the recovery of Rs. 48,967/-.
(2.) This Court, vide order dated 18.01.2011, issued notice of motion and directed that further recovery from the petitioner shall remain stayed.
(3.) The petition was admitted vide order dated 29.11.2011. Now, miscellaneous application bearing CM No. 12782 of 2016 has been moved seeking disposal of the writ petition in terms of the recent authoritative judgment of Hon'ble Supreme Court in case of State of Punjab and Others Versus Rafiq Masih 2015 (1) SCT 195.;