CWP(T) No. 2413 of 2008. 02.03.2009 Present: Mr. Bhuvnesh Sharma, Advocate for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Rajinder Dogra, Additional Advocate General and Mr. Vikas Rathore, Deputy Advocate General for the respondents. The petitioner was promoted vide office order dated 17th April, 1990. The promotion order reads thus:- “ORDER: On the recommendation of the Departmental Promotion Committee, the following Patwaris are hereby selected/accepted for the post of Kanungo candidates in this District with immediate effect: GENERAL CATEGORY 1. Shri Hira Nand 2. Shri Rattan Chand S/O Partap Singh; 3. Shri Rattan Chand S/O Sh. Tulsi Ram; 4. “ Sarwan Singh S/O Sh. Bakshi Ram; 5. “ Sarwan Singh S/O Sh. Saligram; 6. “ Suraj Parkash; 7. “ Rattan Chand S/O Sh. Jagat Ram. RESAVE CATEGORY 1. Sh. Sawaran Singh S/O Baryam Singh. The inter-se seniority of the above selected Kanungo candidates will remain intact. All the selected Kanungo candidates mentioned above who have not so far qualified the departmental examination of Kanungo shall have to qualify the same with in three years from the date of their acceptance as Kanungo Candidates and availing of not more than three chances in all. The selected Kanungo Candidates shall have to undergo settlement training as required under para 2.4 of the HP Land Records Manual read with 2.5(a) thereof, except those who have already undergone such training. Hamirpur Sd/- Dated: 17/4/1990. Collector, Hamirpur, Distt. Hamirpur.” It is evident from the reading of text of letter dated 17th April, 1990 that the petitioner was required to pass departmental examination in three chances. However, vide Notification dated 4th June, 1992 the chances were reduced from three to two. The petitioner was served with a notice dated 27th November, 1992 on the basis of amendments carried out in the year 1992. He filed reply to the show cause notice on 17th December, 1992. However, vide impugned order dated 20th January, 1995 the petitioner was reverted. Mr. Bhuvnesh Sharma strenuously argued that the Notification dated 4th June, 1992 could not be given effect retrospectively. In other words, his submission is that the petitioner was entitled to avail three chances as per letter dated 17th April, 1990. This position is not seriously disputed by the learned Senior Additional Advocate General. However, the fact of the matter is that the impugned order was stayed by the learned H.P. State Administrative Tribunal and thereafter the petitioner has retired after attaining the age of superannuation. The petitioner has, in fact, discharged his duties as Kanungo without any interruption with effect from 17th April, 1990 till the date of his retirement. Since the petitioner has superannuated, he cannot be forced to pass the departmental examination in three chances at this stage. It will also be inequitable to deprive him of the legitimate service benefits since he has worked uninterrupted from 17th April, 1990 though without passing the departmental examination as stipulated in the promotion letter dated 17th April, 1990 as Kanungo. In view of the observations made hereinabove, the writ petition is allowed. The impugned order Annexure A-8 dated 20th January, 1995 is quashed and set aside. The effect of quashing the impugned order will be that he will be deemed to be working continuously as Kanungo without break with effect from 17th April, 1990 till his retirement with all consequential benefits. However, there shall be no order as to costs. (Rajiv Sharma), J. March 02, 2009. (sck)