C.W.P.No. 6463 of 1988. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 6463 of 1988. Date of Decision:- Mrs. Nanki Petitioner VERSUS Punjab State Agricultural Marketing Board, Chandigarh and another. Respondents. CORAM : HON'BLE Ms. JUSTICE RITU BAHRI. Present: Mr. G.S.Punia, Advocate, for the petitioner. Mrs. Harman Sullar, Assistant Advocate General, Punjab. 1. To be referred to the Reporters or not ? 2. Whether the judgment should be reported in the Digest ? RITU BAHRI,J. The petitioner has sought a writ of certiorari for quashing the order dated 10.2.1988 (Annexure P-1) vide which the petitioner has been denied seniority and arrears of pay. The petitioner was working as Clerk with the respondent- Punjab State Agricultural Marketing Board, C.W.P.No. 6463 of 1988. 2 Chandigarh. One post of Auction Clerk fell vacant on 12.9.1984 due to promotion of Nachattar Singh. The Secretary of the Board recommended the name of the petitioner for promotion to the post of Auction Clerk on the basis of seniority. The Sub-Committee vide resolution dated 28.9.1984 (Annexure P-2) recommended the name of Shri Atma Singh. This resolution was accepted vide resolution dated 22.10.1984 (Annexure P- 3). The petitioner was suspended vide order dated 19.1.1985 (Annexure P-4). A show cause notice (Annexure P-5) was issued. Thereafter, a charge sheet (Annexure P-7) was issued. She replied to the charge sheet which is Annexure P-8. The petitioner approached the higher authorities of the respondent-Board against the Resolutions dated 28.9.1984 and 22.10.1984 (Annexures P-2 and P-3) respectively. The Chairman of the Committee suspended the petitioner vide Resolution dated 11.1.1985. The Board vide its order dated 8.11.1985 cancelled the resolution of the Committee (Annexures P-2 and P-3). The Board vide its order dated 24.12.1986 (Annexure P-10) set aside the resolution vide which the petitioner was suspended and inquiry was initiated. The petitioner was re-instated to the post of C.W.P.No. 6463 of 1988. 3 clerk and promoted as Auction Clerk with effect from 5.3.1987. Thereafter, she made a representation demanding promotion from back date i.e. 12.9.1984 when her name was recommended for promotion by the Sub Committee. Annexure P-11 is minutes of meeting at page 29 of the writ petition, where her claim for promotion with effect from 12.9.1984 has been considered. It has been noticed that petitioner remained under suspension from 11.1.1985 to 4.3.1987. She joined her duty as Clerk on 5.3.1987. In the meantime, the promotion had been made to the post of Auction-Clerk and Shri Atma Singh has remained as Auction Clerk from 12.9.1984 to 11.7.1986. Once the resolution denying the promotion has been set aside and resolution setting aside the inquiry proceedings has been made, the petitioner's claim for promotion with effect from 12.9.1984 deserves to be allowed. The denial of promotion was for 'no fault' of the petitioner. In view of the above,the writ petition is allowed subject to payment of Rs.20,000/- as costs. The petitioner is entitled to all consequential benefits with effect from 12.9.1984. She will also be entitled to 6% C.W.P.No. 6463 of 1988. 4 interest from the date of filing the writ petition i.e. 25.7.1988. (RITU BAHRI) JUDGE Anoop