CWP-636-2024 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT Paramjit Singh Punjab State CORAM: Present: NAMIT KUMAR, J. 1. Articles 226/227 of the Constitution of India, seeking (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Paramjit Singh Versus Punjab State Power Corporation Limited & others HON'BLE MR. JUSTICE NAMIT KUMAR Mr. Abhishek Khullar and Ms. Garima Arora, Advocates, for the petitioner. Mr. Puneet Bali, Advocate, for Ms. Eknoor Kaur Sara, Advocate, for the respondents. NAMIT KUMAR, J. (Oral) The present petition has been filed by the petitioners under Articles 226/227 of the Constitution of India, seeking i. A writ in the nature of Certiorari for the wrongfully re-fixation of the dates qua the length of service of the petitioner without giving him any opportunity of hearing or giving him any notice but conducting the exercise absolutely arbitrarily and unilaterally. ii. A writ in the nature of Certiorari for the quashing of Issuing wrongful order dated 15/12/2023 (Annexure P 5) ordering the dates of grant of 9 year and 16 year ACP scales which were granted way back to the account of the above said wrongful exercise of unilatera an arbitrary re-fixation of the dates regarding the length of service of the petitioner. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-636-2024 (O&M) Date of Decision: 22.07.2026 ...Petitioner/s Power Corporation Limited & others ...Respondent/s NAMIT KUMAR Abhishek Khullar and Ms. Garima Arora, Advocates, Sara, Advocate, for the respondents. The present petition has been filed by the petitioners under Articles 226/227 of the Constitution of India, seeking following reliefs: A writ in the nature of Certiorari for the quashing of fixation of the dates qua the length of service of the petitioner without giving him any opportunity of hearing or giving him any notice but conducting the exercise absolutely arbitrarily and of Certiorari for the quashing of Issuing wrongful order dated 15/12/2023 (Annexure P 5) ordering the dates of grant of 9 year and 16 year ACP scales which were granted way back to the petitioner on account of the above said wrongful exercise of unilateral fixation of the dates regarding the length of service of the petitioner. The present petition has been filed by the petitioners under quashing of fixation of the dates qua the length of service of the petitioner without giving him any opportunity of hearing or giving him any notice but conducting the exercise absolutely arbitrarily and of Certiorari for the quashing of Issuing wrongful order dated 15/12/2023 (Annexure P 5) ordering the dates of grant of 9 year and 16 year ACP petitioner on l fixation of the dates regarding the length VIMAL KUMAR 2026.07.24 09:40 I attest to the accuracy and authenticity of this order/judgment. CWP-636-2024 (O&M) 2. this Court passed the following (O&M) (2) iii. A writ in the nature of Certiorari for the quashing of Wrongful action of the respondent corporation in the unilaterally withdrawing the grant of the benefit of granting of annual increments to the petitioner after the year 2019 (the last annual increment being granted to him being on 01/04/2019) iv. A writ in the nature of Certiorari for the quashing of wrongful action of the respondent corporation in keeping with the leave application of the petitioner pending indefinitely despite the leave having been applied by the petitioner in line with the order passed by the respondent corporation itself (Annexure P punishment granted by the respond stoppage of 3 annual increments having been done away by the respondent corporation itself in appeal. v. A direction to the respondent corporation in releasing all financial benefits to the petitioner which have been scuttled illegally by virtue of the above said illegal actions of the respondent corporation along with at the rate of 18% on account of delayed payment of the same. While issuing notice of motion this Court passed the following order: “Learned counsel for the petitioner that initially the petitioner was inflicted the punishment of stoppage of three annual increments with cumulative effect vide order dated 09.04.2021 and the suspension period was treated as non-duty period. However, on appeal the said punishment has been converted to censure thereafter the petitioner has submitted representation to regularise the suspension period from 01.07.2019 to 20.10.2019 and the said represe A writ in the nature of Certiorari for the quashing of Wrongful action of the respondent corporation in the unilaterally withdrawing the grant of the benefit of granting of annual increments to the petitioner after the year 2019 (the last annual increment being granted to him being on 01/04/2019). A writ in the nature of Certiorari for the quashing of wrongful action of the respondent corporation in keeping with the leave application of the petitioner pending indefinitely despite the leave having been applied by the petitioner in line with the order passed by the respondent corporation itself (Annexure P-3) after the wrongful punishment granted by the respondent corporation of stoppage of 3 annual increments having been done away by the respondent corporation itself in appeal. A direction to the respondent corporation in releasing all financial benefits to the petitioner which have been y virtue of the above said illegal actions of the respondent corporation along with interest at the rate of 18% on account of delayed payment of the While issuing notice of motion, vide order dated 12.01.2024, Learned counsel for the petitioner inter alia contends initially the petitioner was inflicted the punishment of annual increments with cumulative effect vide the suspension period was treated duty period. However, on appeal filed by the petitioner, the said punishment has been converted to censure and thereafter the petitioner has submitted representation to suspension period from 01.07.2019 to representation has been accepted and A writ in the nature of Certiorari for the quashing of Wrongful action of the respondent corporation in the unilaterally withdrawing the grant of the benefit of granting of annual increments to the petitioner after the year 2019 (the last annual increment being granted to A writ in the nature of Certiorari for the quashing of wrongful action of the respondent corporation in keeping with the leave application of the petitioner pending indefinitely despite the leave having been applied by the petitioner in line with the order passed by the respondent ) after the wrongful ent corporation of stoppage of 3 annual increments having been done away A direction to the respondent corporation in releasing all financial benefits to the petitioner which have been y virtue of the above said illegal interest at the rate of 18% on account of delayed payment of the 12.01.2024, contends initially the petitioner was inflicted the punishment of annual increments with cumulative effect vide the suspension period was treated filed by the petitioner, and thereafter the petitioner has submitted representation to suspension period from 01.07.2019 to ntation has been accepted and VIMAL KUMAR 2026.07.24 09:40 I attest to the accuracy and authenticity of this order/judgment. CWP-636-2024 (O&M) years of service have been changed fro 3. by way of an affidavit Division, PSPCL, Ludhiana, “6. 7. (O&M) (3) the suspension period has been treated However, his annual increments have not been 01.04.2019 and the dates of grant of ACP on completion of years of service have been changed fro 19.09.1997 and 16.01.2003 to 19.09.2004 vide order dated 15.12.2023 (Annexure P-5) without affording any opportunity of hearing to the petitioner which is in natural justice. Notice of motion returnable on 12.03. Ms. Amandeep Kaur, Advocate, for Ms. Eknoor Kaur Sara, Advocate, has caused appearance on behalf of the respondents and has filed memo of appearance, which is taken on record. She undertakes to file power the respondents in the registry before the next date In the meanwhile, operation of the impugned order dated 15.12.2023 (Annexure P-5) shall remain stayed till the next date of hearing. Written statement, if any, be filed on or before the next date of hearing with advance copy to the learned counsel for the petitioner.” Short reply on behalf of the respondents by way of an affidavit of Additional SE Er. Amrinder Singh, Focal Point Division, PSPCL, Ludhiana, wherein it has been stated as under: That it is imperative to mention that the Non Duty period has now been cleared by Dy. Secy, PSPCL, Patiala office order no.50 dated 18.08.2023 (Annexure P been passed by CE/Op, Central Zone order no.54 dated 02.02.2024. Copy of order dated 02.02.2024 is Annexed as Annexure R/1. That it is further imperative to mention that it is annual increment has already been granted to present petitioner upto 01.04.2024. the suspension period has been treated as leave of the kind due. However, his annual increments have not been released after 01.04.2019 and the dates of grant of ACP on completion of 9/16 years of service have been changed from 16.01.1996 to 16.01.2003 to 19.09.2004 vide order dated without affording any opportunity of hearing to the petitioner which is in violation of principles of Notice of motion returnable on 12.03.2024. Ms. Amandeep Kaur, Advocate, for Ms. Eknoor Kaur Advocate, has caused appearance on behalf of the memo of appearance, which is taken on record. She undertakes to file power of attorney on behalf of the registry before the next date of hearing. In the meanwhile, operation of the impugned order dated 5) shall remain stayed till the next Written statement, if any, be filed on or before the next h advance copy to the learned counsel for Short reply on behalf of the respondents-PSPCL has been filed Er. Amrinder Singh, Focal Point wherein it has been stated as under: That it is imperative to mention that the Non Duty period has now been cleared by Dy. Secy, PSPCL, Patiala office order no.50 dated 18.08.2023 (Annexure P-3) and leave has already been passed by CE/Op, Central Zone, Ludhiana vide office order no.54 dated 02.02.2024. Copy of order dated 02.02.2024 That it is further imperative to mention that it is annual increment has already been granted to present petitioner upto as leave of the kind due. released after 9/16 m 16.01.1996 to 16.01.2003 to 19.09.2004 vide order dated without affording any opportunity violation of principles of Ms. Amandeep Kaur, Advocate, for Ms. Eknoor Kaur Advocate, has caused appearance on behalf of the memo of appearance, which is taken of attorney on behalf of In the meanwhile, operation of the impugned order dated 5) shall remain stayed till the next Written statement, if any, be filed on or before the next h advance copy to the learned counsel for has been filed Er. Amrinder Singh, Focal Point That it is imperative to mention that the Non Duty period has now been cleared by Dy. Secy, PSPCL, Patiala office order 3) and leave has already , Ludhiana vide office order no.54 dated 02.02.2024. Copy of order dated 02.02.2024 That it is further imperative to mention that it is annual increment has already been granted to present petitioner upto VIMAL KUMAR 2026.07.24 09:40 I attest to the accuracy and authenticity of this order/judgment. CWP-636-2024 (O&M) 8. 9. per instruction mentioned in MSR 10. from AO/Field, Ludhiana. After reducing the time period of Boy from 19.09.2004 instead of 16.01.2003. 11. (O&M) (4) That the contents of the instant writ petition are false, frivolous and vexatious and the same is thus liable to be dismissed on this ground alone. That it is humble submitted that office of AO/EAD, Patiala raised objection for giving increments during Boy's (Under age of 18 years) of petitioner through their office memo no. 2865 dated 05.04.2023 and 5221 dated 21.06.2023. And as per instruction mentioned in MSR Rule 4.7 because of Boy Service office of written a letter to withdraw/revised annual increment wrongly given to petitioner. It is further clarified that as per instruction mentioned in Punjab CSR Chapter Pension) Clause no. 3.9 "Except for compensation gratuity, an office does not qualify till he has completed eighteen years of age, provided that nothing contained in this rule shall apply in the case of persons who were in service on 01.06.1961 and whose case a lower age limit is prescribed" That As per the above, Salary of the petitioner is revised by taking effect of Boy Service from 16.01.1987 and get Pre Audit from AO/Field, Ludhiana. After reducing the time period of Boy Service, 9 year time bound scale is given from 19.09.1997 instead of 16.01.1009 and 16 year time bound scale is given from 19.09.2004 instead of 16.01.2003. That as per letter no. 5064 dated 19.06.2024 of Sr. Accounts Officer EAD, Patiala clarified that as per memo No. 745 dated 30.09.2002 a similar case of Smt. Suman Bala, "The job was given to the employee by relaxing the rules by relaxing the minimum age of recruitment of 18 years due to non-availability of daily bread in their homes, hence the condition was mentioned in the appointment letter that Service of less than 18 years of a the contents of the instant writ petition are false, frivolous and vexatious and the same is thus liable to be dismissed on That it is humble submitted that office of AO/EAD, Patiala raised objection for giving increments during Boy's Service (Under age of 18 years) of petitioner through their office memo no. 2865 dated 05.04.2023 and 5221 dated 21.06.2023. And as per instruction mentioned in MSR-Vol-1(Part-1) Note Under Rule 4.7 because of Boy Service office of AO/EAD, Patiala has tten a letter to withdraw/revised annual increment wrongly t is further clarified that as per instruction mentioned in Punjab CSR Chapter-III (Service Qualifying for "Except for compensation gratuity, an officer's service does not qualify till he has completed eighteen years of age, provided that nothing contained in this rule shall apply in the case of persons who were in service on 01.06.1961 and whose case a lower age limit is above, Salary of the petitioner is revised by taking effect of Boy Service from 16.01.1987 and get Pre Audit from AO/Field, Ludhiana. After reducing the time period of Boy Service, 9 year time bound scale is given from 19.09.1997 16 year time bound scale is given from 19.09.2004 instead of 16.01.2003. That as per letter no. 5064 dated 19.06.2024 of Sr. Accounts Officer EAD, Patiala clarified that as per memo No. 745 dated 30.09.2002 a similar case of Smt. Suman Bala, as given to the employee by relaxing the rules by relaxing the minimum age of recruitment of 18 years availability of daily bread in their homes, hence the condition was mentioned in the appointment letter that Service of less than 18 years of age shall not the contents of the instant writ petition are false, frivolous and vexatious and the same is thus liable to be dismissed on That it is humble submitted that office of AO/EAD, Patiala Service (Under age of 18 years) of petitioner through their office memo no. 2865 dated 05.04.2023 and 5221 dated 21.06.2023. And as 1) Note Under AO/EAD, Patiala has tten a letter to withdraw/revised annual increment wrongly t is further clarified that as per instruction III (Service Qualifying for r's service does not qualify till he has completed eighteen years of age, provided that nothing contained in this rule shall apply in the case of persons who were in service on 01.06.1961 and whose case a lower age limit is above, Salary of the petitioner is revised by taking effect of Boy Service from 16.01.1987 and get Pre Audit from AO/Field, Ludhiana. After reducing the time period of Boy Service, 9 year time bound scale is given from 19.09.1997 16 year time bound scale is given That as per letter no. 5064 dated 19.06.2024 of Sr. Accounts Officer EAD, Patiala clarified that as per memo No. 745 dated as given to the employee by relaxing the rules by relaxing the minimum age of recruitment of 18 years availability of daily bread in their homes, hence the condition was mentioned in the appointment ge shall not VIMAL KUMAR 2026.07.24 09:40 I attest to the accuracy and authenticity of this order/judgment. CWP-636-2024 (O&M) 12. years of age as per MSR Vol promotion (before the age of 18 years) then this is not to be 13. AO/EAD Patiala vide memo no. 2865 dated 05.04.2023 and IV part petitioner, yet till date no recovery petitioner. 4. suspension as duty period and grant of annual increment, have been acceded (O&M) (5) be counted for pension, but if the employees service of less that 18 years of age is given for increment or pose on the next scale, then he (the employee) shall be eligible for this period(before age of 18 years' time) the benefit of annual increment/promotions scales received will also automatically accrue to pension due to increase in pay which is contrary to the condition laid down in the letter of appointment this the employee is not entitled to the benefit of service before the age of 18 y That the advice by Finance department that annual promotion is admissible to the employee 1 year after the completion of 18 years of age as per MSR Vol - clear from this that when this time if not counted for annual promotion (before the age of 18 years) then this is not to be counted for promotion scale also. That therefore it is it is humbly concluded that as per the AO/EAD Patiala vide memo no. 2865 dated 05.04.2023 and memo no. 5221 dated 21.06.2023 reflecting instruction in MSR IV part-1 under rule 4.7 and Dy. Secy/Non Patiala memo no. 374 dated 12.06.2024, it is clearly mentioned that during Boy Service, Service will not be counted towards qualifying service for annual increment and time bound scale. So following the same instructions of Punjab Civil Service Rule, Vol-II, 3.9, the previous years granted annual increment as well as time bund scale has been revised and office order dated 12.02.1997 and 09.08.2004 is withdrawn which was approved by Pre-Audit authority AO/Field, PSPCL Ludhiana in which also clear instruction is to start the recovery from the petitioner, yet till date no recovery petitioner.” The first two claims of the petitioner, i.e. treating the suspension as duty period and grant of annual increment, have been acceded be counted for pension, but if the employees service of age is given for increment or pose on the next scale, then he (the employee) shall be eligible for this period(before age of 18 years' time) the benefit of crement/promotions scales received will also automatically accrue to pension due to increase in pay which is contrary to the condition laid down in the letter of appointment this the employee is not entitled to the benefit of service before the age of 18 years. That the advice by Finance department that annual promotion is admissible to the employee 1 year after the completion of 18 - I PART 1 Regulation 4.7, it is clear from this that when this time if not counted for annual promotion (before the age of 18 years) then this is not to be counted for promotion scale also. That therefore it is it is humbly concluded that as per the above, AO/EAD Patiala vide memo no. 2865 dated 05.04.2023 and memo no. 5221 dated 21.06.2023 reflecting instruction in MSR 1 under rule 4.7 and Dy. Secy/Non-Gazzeted-2. PSPCL, . 374 dated 12.06.2024, it is clearly mentioned ng Boy Service, Service will not be counted towards qualifying service for annual increment and time bound scale. So following the same instructions of Punjab Civil Service Rule, II, 3.9, the previous years granted annual increment as well scale has been revised and office order dated 12.02.1997 and 09.08.2004 is withdrawn which was approved AO/Field, PSPCL Ludhiana in which also clear instruction is to start the recovery from the petitioner, yet till date no recovery is made from the The first two claims of the petitioner, i.e. treating the suspension as duty period and grant of annual increment, have been acceded be counted for pension, but if the employees service of age is given for increment or pose on the next scale, then he (the employee) shall be eligible for this period(before age of 18 years' time) the benefit of crement/promotions scales received will also automatically accrue to pension due to increase in pay which is contrary to the condition laid down in the letter of appointment this the employee is not entitled to the That the advice by Finance department that annual promotion is admissible to the employee 1 year after the completion of 18 I PART 1 Regulation 4.7, it is clear from this that when this time if not counted for annual promotion (before the age of 18 years) then this is not to be above, AO/EAD Patiala vide memo no. 2865 dated 05.04.2023 and memo no. 5221 dated 21.06.2023 reflecting instruction in MSR 2. PSPCL, . 374 dated 12.06.2024, it is clearly mentioned ng Boy Service, Service will not be counted towards qualifying service for annual increment and time bound scale. So following the same instructions of Punjab Civil Service Rule, II, 3.9, the previous years granted annual increment as well scale has been revised and office order dated 12.02.1997 and 09.08.2004 is withdrawn which was approved AO/Field, PSPCL Ludhiana in which also clear instruction is to start the recovery from the is made from the The first two claims of the petitioner, i.e. treating the suspension as duty period and grant of annual increment, have been acceded VIMAL KUMAR 2026.07.24 09:40 I attest to the accuracy and authenticity of this order/judgment. CWP-636-2024 (O&M) to by the respondents. Thus, the only claim which survives for consideration is with regard to change in dates of grant of ACP on completion of 9/16 years of service, vide order dated 15.12.2023 (Annexure P 5. passed by excluding the petitioner’s ‘boy service period’ from qualifying service, thereby, altering the dates of his entitlement to the ACP benefits. Since the said order adversely affected the petitioner’s service was passed without affording an violation of principles of natural justice and cannot be sustained. Accordingly, the impugned order is set aside. respondents/PSPCL shall be at liberty to act in accordanc following the due procedure and in conformity with the principles of natural justice. 6. 22.07.2026 Vimal (O&M) (6) to by the respondents. Thus, the only claim which survives for consideration is with regard to change in dates of grant of ACP on completion of 9/16 years of service, vide order dated 15.12.2023 (Annexure P The impugned order dated 15.12.2023 passed by excluding the petitioner’s ‘boy service period’ from qualifying service, thereby, altering the dates of his entitlement to the ACP benefits. Since the said order adversely affected the petitioner’s service sed without affording an opportunity of hearing, the same is in clear violation of principles of natural justice and cannot be sustained. Accordingly, the impugned order is set aside. respondents/PSPCL shall be at liberty to act in accordanc following the due procedure and in conformity with the principles of natural Disposed of in the above terms. Whether speaking/reasoned: Whether reportable: to by the respondents. Thus, the only claim which survives for consideration is with regard to change in dates of grant of ACP on completion of 9/16 years of service, vide order dated 15.12.2023 (Annexure P-5). 15.12.2023 (Annexure P-5) was passed by excluding the petitioner’s ‘boy service period’ from qualifying service, thereby, altering the dates of his entitlement to the ACP benefits. Since the said order adversely affected the petitioner’s service benefits and opportunity of hearing, the same is in clear violation of principles of natural justice and cannot be sustained. Accordingly, the impugned order is set aside. However, the respondents/PSPCL shall be at liberty to act in accordance with law after following the due procedure and in conformity with the principles of natural (NAMIT KUMAR) JUDGE Yes/No Yes/No to by the respondents. Thus, the only claim which survives for consideration is with regard to change in dates of grant of ACP on completion of 9/16 was passed by excluding the petitioner’s ‘boy service period’ from qualifying service, thereby, altering the dates of his entitlement to the ACP benefits. benefits and opportunity of hearing, the same is in clear violation of principles of natural justice and cannot be sustained. However, the e with law after following the due procedure and in conformity with the principles of natural VIMAL KUMAR 2026.07.24 09:40 I attest to the accuracy and authenticity of this order/judgment.