KULDIP SINGH,J. - (1.) Petitioner who retired as Upper Division Clerk from the Punjab State Electricity Board (in short, 'the Board') has filed this writ petition praying for issuance of a writ of mandamus directing the respondents to re- fix/revise the pension and other retiral benefits of the petitioner on the basis of letter dated 13.3.2013 (Annexure P12) issued by respondent No.4 and to release arrears of pay and allowances and further issuance of writ of certiorari for quashing order, withdrawing time bound higher pay scale granted to the petitioner after completion of 16 years of service and further restoring the benefits of 16 years time bound higher pay scale to the petitioner from the date it was withdrawn and also refund the amount already recovered with interest @ 12% per annum.
(2.) Petitioner joined as Lower Division Clerk in the Board on 7.8.1970. On account of instructions Annexure P1 bearing Circular No.19 of 1988 issued on 23.4.1990, the Board, in view of the stagnation prevailing in various cadres of regular employees, decided to grant time bound higher pay scale to the employees at two stages i.e. after completion of 9 and 16 years service. Accordingly, the petitioner was granted second time bound higher pay scale after completion of 16 years w.e.f. 22.6.1987 vide order dated 15.12.1992 (Annexure P2/T). On 6.11.2001, the petitioner was offered the post of Upper Division Clerk but he forego the promotion. Therefore, vide order 7.7.2003, the order Annexure P5/T was passed withdrawing (keeping in abeyance) the benefit of second time bound higher pay scale granted to the petitioner. Vide order dated 9.12.2003 (Annexure P6/T), the pay of the petitioner was accordingly refixed.
(3.) On 17.6.2005, the petitioner was again offered the promotion to the post of Upper Division Clerk, which he accepted. The benefit of second time bound higher pay scale was not restored. Vide order dated 18.2.2008 (Annexure P8/T), the benefit of second time bound higher pay scale was withdrawn w.e.f. 6.11.2001 in place of 7.7.2003 as the petitioner has foregone his promotion on 6.11.2001. According to the petitioner, this was also done without hearing him. Respondent further sought the recovery of L 39,692/- against the petitioner vide Annexure P9/T. The petitioner ultimately retired from service on 31.5.2008 and kept sending the representations.;