CWP No. 6907 of 1987 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 6907 of 1987 Date of decision October 17, 2011 Gurnaib Singh ....... Petitioner Versus The Food Corporation of India and another ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. G. S. Bal , Advocate for the petitioner. Mr. Rajesh Garg, Advocate for respondent Nos. 1 and 2. **** 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? K. Kannan, J (oral). 1. The only issue involved in the writ petition is the time from when the order of promotion is to be made effective. The petitioner was working as Assistant Grade-II from 1.7.1972 was due for promotion as Assistant Grade-I in the year 1980. The grievance of the petitioner is that the promotion order had been issued on 30.12.1980 to his juniors namely Mehar Chand, Jai Hind and Major Singh who were in the seniority list at S.Nos. 1331,1335 and 1337 but the petitioner who was placed higher in the seniority list at S.No.1326 had been omitted to be considered. It appears that the lapse arose on account of mistake in spelling his name as Gurmail Singh when his name was Gurnaib Singh. It appears that the petitioner had made a representation for correction on 1.1.1981 but the mistake had not been corrected. In the meanwhile there CWP No. 6907 of 1987 2 had been some chargesheet against him in the year 1981 and proceedings had been initiated on 20.6.1981 and there was also a punishment following the same. The counsel for the petitioner would urge that it related to period subsequent to the time when he was due for promotion and this chargesheet could not have hampered his right of promotion on 30.12.1980 when his juniors had been promoted. 2. I accede to the claim of the petitioner and direct that the petitioner must be taken as promoted to the post in Assistant Grade-I w.e.f. 30.12.1980. The promotion has however, been effected only subsequently in the year 1985. The additional emoluments due on the post shall be calculated and paid to the petitioner, after taking due notice of any amount which was forfeited or found as recoverable by virtue of the punishment handed down to the petitioner subsequently in the year 1981. It is hereby clarified that the entitlement to promotion shall not in any way construed as annulling the departmental action taken against the petitioner for the subsequent period. Any monetary benefit that accords with this order shall be calculated and paid to the petitioner within a period of four weeks with interest at 6% per annum, from the date when the petitioner became entitled to the same. The petitioner will also be entitled to all the consequential benefits such as consideration of still higher promotion taking the entitlement to promotion as effective from 30.12.1980. 3. The writ petition is allowed with the above directions. (K. KANNAN) JUDGE October 17, 2011 archana