CWP NO.5764 OF 1988 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 10.12.2008 Abinash Chandar Jerath ...Petitioner VERSUS State of Punjab and another …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.R.L.Mehta, Advocate for appellant Mr.SS Sahu, AAG, Punjab Permod Kohli, J. (Oral) The petitioner was initially recruited as Senior Clerk in the Police Department on 7.8.1953 and thereafter placed in the scale of Senior Scale Stenographer. He has raised dispute regarding seniority on the basis of deemed dates of promotion and confirmation as also grant of arrears with interest at the rate of 18% per annum. In the reply filed, the respondents have stated that the Home department, after considering the representation of the petitioner, issued directions vide letter dated 6.5.1982, which, inter alia, includes grant of benefit of deemed dates of promotion and also fixation of seniority appropriately for the petitioner. The petitioner was promoted as Superintendent Grade III with effect from CWP NO.5764 OF 1988 :2: 16.5.1980 and Superintendent Grade II w.e.f. 6.5.1982. The petitioner has also been granted the benefit of seniority and was included in the joint seniority list. It is, however, stated that the request has already been made for creation of the post for deemed promotion given to the petitioner which is to be finalized by the State Government. The respondents have also stated that the difference of pay from 16.5.1980 to 7.9.1982 is payable to the petitioner. In view of the reply filed, this petition is disposed of with a direction to the respondents to implement the decision taken on the representation of the petitioner by granting him the benefit of deemed dates of promotion. All the arrears be worked out and paid to the petitioner. Needless to say that during the pendency of the petition, petitioner not only retired but has died and his L.Rs are already on record. Hence all the retiral benefits, after granting him the relief already indicated in the reply, be also re-determined and released to the L.Rs of the petitioner. Needful be done within four months of the receipt of a certified copy of this Court. (PERMOD KOHLI) JUDGE 10.12.2008 MFK CWP NO.5764 OF 1988 :3: