'Similarly Situated': Punjab & Haryana HC Upholds Single Judge Order Retrospectively Granting Promotional Benefit To Employee At Par With Junior

The Punjab and Haryana High Court recently upheld the order of a single Judge, directing the Bhakra Beas Management Board to give the benefit of 9 years promotional scale to one of its employee, (original petitioner) since the benefit had been extended to a junior.Rejecting the contention of the Board that the original petitioner assumed office in 1989 whereas the pay scale with prospective effect came into force on 11.06.1990, the bench comprising Justices GS Sandhawalia and Vikas Suri observed,"Once similarly situated person has been given the benefit of the same circular that had been adopted on 11.06.1990, which was obviously on the premise that it had to come in operation from 01.01.1986. Therefore, the Board could not now urge that it was only prospective in nature qua one employee and not qua the junior who had been granted benefit."The said junior assumed office 12.04.1989.The court observed that the benefit of the circular had been given to the junior who was appointed as Khansama-cum-Chowkidar and the petitioner had already been promoted to that post thus, making him senior but he had not been granted the benefit of 9 years of promotional scale. After relying on the judgment of the Supreme Court in the case of SLP (C) No.9615 of 2000, Punjab State Electricity Board & another Vs. Ajit Singh Aujla & another, the Court held that there is no error in the order passed by the Single Judge granting the said benefit. The learned Single Judge has also relied upon the judgment of the Apex Court in SLP (C) No.9615 of 2000, Punjab State Electricity Board & another Vs. Ajit Singh Aujla & another, decided on 14.07.2000 wherein it was held that the mode of recruitment could not be the base of discrimination and both the promotees and the direct recruits who had put in the requisite 16 years of service, could not be differentiated. In such circumstances, we do not find any error in the order passed by the learned Single Judge granting the said benefit. Accordingly, the court dismissed the petition finding it sans any merit. Case Title: Bhakra Beas Management Board & another Versus Jagdish RamCitation : 2022 LiveLaw (PH) 126 Click Here To Read/Download Order

'Similarly Situated': Punjab & Haryana HC Upholds Single Judge Order Retrospectively Granting Promotional Benefit To Employee At Par With Junior

Drishti Yadav

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