cwp no.13714 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.13714 of 2010 (O&M) Date of Decision: 26.08.2011 **** Avtar Singh . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. PC Arora, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner seeks retrospective promotion to the post of Draftsman. (2). The respondents have filed their reply/affidavit explaining that the petitioner was not considered earlier due to non-inclusion of his name in the seniority list of the year 1981. They have further explained that his name has been now entered in the seniority list at Sr.No.148-A and pursuant thereto he has been notionally promoted as Draftsman from the due date. A copy of the order dated 12.11.2010 (Annexure R1) has been placed on record. cwp no.13714 of 2010.doc - 2 – (3). Counsel for the petitioner however submits that his pay has not been correctly fixed. The comparative statement to this effect submitted by the petitioner has been placed on record as Annexure P8. (4). Having regard to the fact that substantial relief has already been granted to the petitioner, I deem it appropriate to dispose of the writ petition with a direction to the respondents to consider the comparative statement of pay (Annexure P8) given by the petitioner for fixation of his pay and pass an appropriate order within a period of four months from the date of receipt of a certified copy of this order. (5). As regards the claim of the petitioner for arrears of pay, the same has been rightly declined for the obvious reason that the non-grant of promotion to him was not a deliberate and motivated action on the part of the respondents. It was a case of an inadvertent error which has been rectified as soon as it came to the notice of the authorities and consequential benefits released. (6). Ordered accordingly. Dasti. 26.08.2011 vishal shonkar (S u r y a K a n t) Judge