C.W.P NO. 3864 OF 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 3864 OF 1992 DECIDED ON : 28.04.2009 Avinash Chander ...Petitioner versus State of Haryana and another ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. R. K. Chopra, Senior Advocate with Mr. Amit Chopra, Advocate, for the petitioner. Mr. R. D. Sharma, DAG, Haryana. SURYA KANT, J.(ORAL) The petitioner seeks a mandamus to direct the respondents to consider and promote him as Assistant Food and Supplies Officer against the quota meant for promotees in terms of Haryana Food and Supply Department, Sub Offices (Group C), Service Rules, 1982. The respondents themselves have stated in para 9 of their written statement that an identical controversy raised in C.W.P No. 9825 of 1989 (Balwan Singh vs. State of Haryana) has been decided by a learned Single Judge vide judgment dated 17.07.1990 but the benefit of the said judgment cannot be C.W.P NO. 3864 OF 1992 -2- granted to the petitioner as State of Haryana has preferred L.P.A No. 1155 of 1990 and operation of the said judgment had been stayed. This writ petition was accordingly admitted and ordered to be heard along with L.P.A No. 1155 of 1990. It is not in dispute that L.P.A No. 1155 of 1990 (State of Haryana vs. Balwan Singh) has already been decided by a Division Bench of this Court vide judgment dated 26.11.1992, reported as 1993 (2) SCT 37 in the following terms : “ After given our thoughtful consideration to the entire matter we are of the considered view that the appeal is liable to succeed, though partially. The 1968 Rules which were draft rules and erroneously held to have statutory force by the learned Single Judge were superseded on 27.05.1977 by the Rules of 1977 which provided quota for promotion and direct recruitment in the ratio of 67:33. It is also clear that the Rules of 1977 were in their entirety notified as the 1982 Rules on 28th September, 1982, as Rules under Article 309 of the Constitution. In the light of the above discussions, we are of the opinion that the quota would be applicable to those vacancies which arose on or after 27.05.1977. C.W.P NO. 3864 OF 1992 -3- For the reasons recorded above, the present appeal is partly allowed and a direction is issued to the appellant-State of Haryana that the quota would be applicable to the vacancies that have arisen from 27.05.1977 and the judgment of the learned single Judge is modified to that extent. In order to esnure due justice to the litigating parties, we direct that the case of the respondent-Head Analyst would be considered for promotion to the post of Assistant Food and Supplies Officer in the terms of this judgment. This exercise will be completed, if possible, within a period of six months from today and the respondents who are found entitled to promiton will be given all consequential benefits within a period of six months thereafter. The present appeal is disposed of in the above terms.” In this view of the matter, the writ petition is disposed of in the same terms, with a direction that the petitioner's claim shall be considered in the light of the Division Bench judgment in Balwan Singh's case (supra) and if found entitled, the petitioner shall be granted consequential benefits within a period of six months. C.W.P NO. 3864 OF 1992 -4- Disposed of. APRIL 28, 2009 (SURYA KANT) shalini JUDGE