Punjab and Haryana HC sides with retired lineman in battle over pending pay upgrade

Indian Express

2 days ago

The Punjab and Haryana High Court has directed the Haryana Vidyut Prasaran Nigam Limited (HVPNL) to grant a long-pending pay upgrade to retired lineman Chander Parkash, holding that mistakes by the department cannot be used to deny an employee his dues.
Parkash, who joined HVPNL in 1973 and retired in 2008, was entitled to his third pay upgradation in 2006 under the Assured Career Progression (ACP) scheme, which provides financial benefits in the absence of promotions.
The court ordered HVPNL to release Parkash's benefits within three months and warned that any delay would attract 7.5 per cent annual interest, calculated from his retirement date.
Although he had already received two upgradations, his request for the third was turned down in 2013 on the grounds that he had not cleared a 'Safety Code Test.'
The test requirement was introduced under new rules made effective from January 1, 2006. But these rules were only notified in December 2008 — after Parkash had already retired. HVPNL also admitted that no direct communication was sent to employees about the test; announcements were made only through control rooms.
Justice Harpreet Singh Brar, in his August 7 order, observed that Parkash could not be blamed for missing the test when the department itself had failed to hold it regularly or properly inform staff. The court said that rules meant to reward long service should not end up punishing employees for administrative lapses.
The judge further noted that other employees in similar positions had received their benefits without clearing the test. He emphasised that such tests must be held regularly, at least twice a year, with clear intimation to eligible staff.