V. Kameswar Rao JUDGMENT
V. Kameswar Rao, J.
1. The present petition has been filed by the petitioner with the following prayers:-
"It is therefore, most humbly prayed to this Hon'ble Court:-
(i) To issue a writ of Mandamus directing the respondent to allow the Time Bound Promotion Scale of Executive Engineer to the petitioner w.e.f 26.9.2000 and the Scale of Superintending Engineer w.e.f. 26.9.2008 and other consequential benefits and interest as per law.
(ii) To allow the cost of this Writ Petition to the Petitioner and against the respondent.
(iii) To pass any other order(s) as deemed fit by this Hon'ble Court in the facts of the case."
2. Some of the relevant facts are, the petitioner was appointed as Inspector in the erstwhile Delhi Electric Supply Undertaking (DESU) on September 26, 1981. DESU later became Delhi Vidyut Board (DVB), which ultimately was restructured into number of separate entities. On July 23, 1997, Time Bound Promotion Scheme (TBPS) was introduced by the then DVB. According to the petitioner the Scheme contemplated, all employees shall be entitled to the first TBPS on completion of ten years of regular service and second TBPS on completion of further eight years of service. It is averred, on August 30, 1999 the posts of Inspector (Electrical) and Superintendent (Tech) were merged in one cadre and redesignated as Junior Engineer (JE) in the lower scale of pay. It is the case of the petitioner that on December 20, 1999 it was clarified that the third TBPS would be granted on the completion of further eight years of service after second TBPS i.e., on completion of 26 years of service. It is averred, the petitioner was entitled to first TBPS on September 26, 1992; second TBPS on September 26, 2000 and third TBPS on September 26, 2008. It is also stated, he was granted the first TBPS w.e.f September 26, 1999; the second TBPS w.e.f August 24, 2007 and the third TBPS w.e.f November 01, 2010.
3. The petitioner retired on June 30, 2012. The petitioner has referred to the representations made by him and Association for grant of TBPS on the dates stated above.
4. It is the submission of Mr. Vimal Wadhawan learned counsel for the petitioner that the grant of TBPS as sought by the petitioner is no more a res-integra having been decided by this Court in the case of M.K. Saini v. Indraprastha Power Generation Company Ltd. W.P.(C) No. 2237/2002 decided on July 28, 2008, which judgment has been upheld by the Division Bench of this Court in LPA No. 798/2008 on August 30, 2010. That apart, he states that the respondent is precluded from rearguing the issue, in view of the judgment/order referred above. That apart, it is his submission that one of the unbundled unit of DVB presently run by the Delhi Government has allowed second TBPS to its officers on completion of 18 years w.e.f August 24, 1999 and the employment/service conditions of the petitioner being similar to the employees, who have been transferred to DTL, the benefit as sought by the petitioner in this petition cannot be denied. That apart, he states, the respondent herein has on its own also granted the benefit of third TBPS of the level of Superintending Engineer to its officers on completion of 26 years. He also states, that even TPDDL on their own has granted third TBPS of the level of SE to its officers on the completion of 26 years.
5. According to him, the plea of the respondent on the issue of delay and laches is unsustainable, in view of the judgment of the Division Bench of this Court in the case of Rajendra Kumar Sharma v. NDPL and Another LPA No. 311/2013 and other connected LPAs decided on May 06, 2014. That apart, it is his submission that this Court while issuing notice on the petition on September 30, 2013 has considered this aspect and has issued a limited notice to the claim of pensionary benefits from three years prior to the date of filing of the writ p........