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2022 DAILYLAW 2906 (PNJ)

RAKESH KUMAR v. PUNJAB STATE POWER CORPORATION LTD. AND OTHERS

CWP/20758/2022 · 2026-07-14

Namit Kumar

body2022

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 220 CWP-20758-2022 Date of decision: 14.07.2026 Rakesh Kumar .....Petitioner Versus Punjab State Power Corporation Limited & Ors. .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present : Mr. Pawan Kumar Goklaney, Advocate and Mr. Ashish Goklaney, Advocate for the petitioner. Mr. Gurinder Singh Dhillon, Advocate for the respondents. **** NAMIT KUMAR, J. (ORAL) 1. The present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking a writ of mandamus, directing the respondents to grant the benefit of promotional increment(s) to the petitioner, after completion of his 23 years of regular service, along with interest @ 9% from the date when it became due till its realization, in view of the instructions issued by the respondent-department from time to time as well as in view of the judgments passed by this Court in number of cases. Further, quashing of the order dated 12.03.2018 (Annexure P-6) has been sought, whereby the claim of the petitioner for grant of benefit of promotional increment(s) after completion of 23 years of regular service, has been rejected. 2. Learned counsel for the petitioner has produced copy of VINAY 2026.07.14 18:33 I attest to the accuracy and authenticity of this order/judgment CWP-20758-2022 -2- the judgment dated 30.10.2025 passed in CWP No.28852 of 2017 titled as 'Roshan Lal v. Punjab State Power Corporation Limited and others', and other connected cases, and submits that the State Government, vide letter dated 16.04.2025, has constituted an Empowered Committee to address the various issues raised by the employees, including the issue which has arisen in the present petition. The said petitions have been disposed of with the following observations/directions:- “xxx xxx xxx xxx xxx 14. In compliance with the order dated 20.03.2025 passed by this Court in CWP No. 7727 of 2025 titled Paramjit Kaur vs. State of Punjab and others and CWP No. 7728 of 2025 titled Major Singh vs. State of Punjab and others, the Government of Punjab vide letter dated 16.04.2025, has constituted an Empowered Committee to address the various issues raised by the employees. 15. In view of the above, the petition(s) are disposed of in the following terms: a. The petitioners are directed to submit comprehensive representations setting out their respective claims before the Empowered Committee within one month from the date of receipt of a certified copy of this order. b. The Empowered Committee shall afford a fair opportunity of hearing to the petitioners and shall adjudicate their claims by passing a reasoned and speaking order within a further period of three months, keeping in view the judgments referred to hereinabove. c. It is further clarified that any other similarly situated employee, who has not approached this Court, shall also be at liberty to submit a representation before the Empowered Committee, and such representation(s) shall be decided by the Committee in a time-bound manner in accordance with law. 16. This Court is constrained to observe that the controversy involved herein has travelled to this Court on multiple occasions, and has even engaged the attention of the Hon'ble Supreme Court. One is compelled to ask: what VINAY 2026.07.14 18:33 I attest to the accuracy and authenticity of this order/judgment CWP-20758-2022 -3- purpose does the Litigation Policy serve if matters, despite being conclusively settled by judicial pronouncements, are permitted to endlessly spiral back into litigation until they once again reach the highest constitutional forum? Once the law on an issue stands crystalised, compelling similarly situated employees to repeatedly invoke the writ jurisdiction to secure identical reliefs is contrary to public policy and the rule of law. The State, as a model employer, is under a constitutional obligation to act fairly, promptly, and in good faith. Administrative indifference and inertia in implementing Court directions has emerged as a recurring concern; one that erodes public trust and burdens the justice delivery system. The Hon'ble Supreme Court has consistently underscored that justice delayed is not merely justice denied, but justice diluted, deferred, and ultimately defeated. Passive resistance to judicial mandates reveals institutional arrogance and a disregard for constitutional discipline. This Court, therefore, refers the matters to the Empowered Committee with earnest hope that reasoned and lawful decisions shall be taken, ensuring that the litigation is finally brought to an end. xxx xxx xxx xxx xxx” 3. Accordingly, the petitioner shall be at liberty to submit a comprehensive representation setting out his claim before the Empowered Committee within a period of one month from today and the Empowered Committee shall afford an opportunity of hearing to the petitioner and shall adjudicate his claim by passing a reasoned and speaking order within a period of three months thereafter. 4. Disposed of in the above-said terms. 14.07.2026 (NAMIT KUMAR) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VINAY 2026.07.14 18:33 I attest to the accuracy and authenticity of this order/judgment