Suresh Kait JUDGMENT
Suresh Kait, J.
1. Vide the present petition, the petitioner has challenged the order dated 30.03.2016 by which the respondents has rejected the representation of the petitioner to grant the benefits and arrears of pay fixation of selection grade pay of ` 3100 w.e.f. 07.06.1996 and pay revision based on that. He further seeks upgradation as per the approval of the Board of Directors in their resolution No. 68.2.4 & 65.2.4 dated 12.03.2014. He also seeks benefits of TBPS (Time Bound Promotional Scale) as given to the other similarly placed employees of the IPGCL with financial benefits as a consequences of quashing the order dated 30.03.2016.
2. The case of the petitioner is that the petitioner is the erstwhile employee of the Delhi Vidyut Board and was appointed on the post of Turner/Machinist on 07.06.1996 in the pay scale of ` 1200-2190. The petitioner was granted first TBPS in the pay scale of ` 5500-8650 after completion of the ten years service vide office order F.6(110) AM (HR)-III/IPGCL/06-07/523 dated 03.08.2006 which was further revised to ` 10900-34800 with grade pay of ` 3600. On 07.11.2012, the Board of Directors vide resolution No. 62.2.13 and 59.2.9 had approved the unified rules of promotion as well as rationalization of scales/grade pay of posts in IPGCL/PPCL. Para 3.4 and 3.6 of the bid resolution is reproduced below:
"Para 3.4 of Board Resolution-In the agenda placed before the Board, it was proposed to operate three basic grades i.e. grade pay of Rs. 2800, Rs. 3500 & Rs. 4200 as functional grades and it was also proposed that 30% of the sanctioned strength of lower grade may be placed in the higher Pay Band (Selection Grade). However, it is now proposed that only Rs. 3100 Grade Pay may be treated as Selection Grade & all the employees (as against 30% proposed earlier) who meet the basis eligibility of Promotion may be granted the grade pay of Rs. 3100 on completion of 5 years of regular service, subject to fitness by DPC. This is similar to what has been approved by BOD for executive cadre."
Para 3.6 of Board Resolution-"The effective date of promotion of the Selection Grade is after completion of 5 years from date of entry in the GP of Rs. 2800/-, therefore, it would have retrospective effect. However, if the date of entry into the grade of ` . 2800/- is prior to the date of unbundling i.e. 01.07.2002, it would be counted from the date of unbundling only. All functional promotions would be granted prospectively from the date of approval of the recommendations of DPC. In case of retrospective promotion, fixation benefit would be given from the retrospective date; however, no arrears for the period shall be paid and employees will draw higher Basic and Grade pay prospectively from the date of issuance of order."
3. Accordingly, the petitioner was re-designated as Fitter Mechanic Grade-II in the pay band of ` 8500-26300 in grade pay of ` 3100 w.e.f. 07.06.1996 as per unified rules of promotion as well as rationalization of scales/grade pay/posts in IPGCL/PPCL by the office order No. Manager (HR) III/IPGCL/12-13/161 dated 20.03.2013 with the approval of the Board of Directors vide Board Resolution No. 62.2.13 and 59.2.9 dated 07.11.2012. Thereafter, the respondents vide office order No. Manager (HR)-III/12-13/15 dated 06.05.2014 has placed seven employees of Annexure P-4 from serial No. 01 to 07 from W-4 level (` 85........