CWP No. 11995 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 16.12.2010 Shish Pal ...Petitioner VERSUS Haryana State Federation of Coop. Wholesale Consumer Stores, Ltd. …Respondent CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Namit Kumar, Advocate for the petitioner Mr.Vinod Gupta, Advocate for respondents. Permod Kohli, J. (Oral) Keeping in view the controversy involved and with the consent of learned counsel for the parties, this petition is disposed of at motion stage. The petitioner joined as Accounts Clerk with the Bhiwani Central Cooperative Stores Ltd., Bhiwani on 1.6.1978. Various posts like Storekeepers, Assistants, Clerks and Salesman in various Central Cooperative Consumers Stores were being filled up by their respective managements at their own level and were having different pay scales and eligibility etc. With effect from 23.4.1979, employees of all the Consumer stores were merged in the Cadre of the Federation and their administrative control was taken over from their respective managements by the respondent-Federation. The claim of the petitioner is that he has been granted retrospective promotion as Accountant-A on 16.5.2008 w.e.f. 8.4.1992 i.e. when his junior Sh. Jamna Dass was promoted, however, the petitioner has been denied the arrears from 8.4.1992 till 16.5.2008. CWP No. 11995 of 2009 2 It is agreed to by the learned counsel for the parties that the controversy is squarely covered by a Division Bench judgment of this Court in the case of State of Haryana vs. Bani Singh Yadav, 2005 (1) SCT 355 wherein following observations have been made:- “14.By applying the ratio of the above noted judgments and orders to the facts of this case, we hold that the learned Single Judge did not commit any error by declaring that the appellant cannot take advantage of its own wrong and by quashing order dated 6.9.1985 to the extent of denial of arrears of pay and allowances to the respondent for the period from 5.2.1974 to 7.2.1979.” Similar observations have been made by another Division Bench of this Court in the case of Karnail Singh vs. Punjab State Electricity Board and Ors., 2006(3) S.C.T. 276 as under:- “7.Therefore, for the failure of the authorities to consider the case for promotion of the petitioner at the appropriate time and consequently preventing him from working and also not to opt for the sealed cover procedure in case departmental proceedings were pending, the petitioner cannot be denied the monetary benefits of the higher posts of Internal Auditor to which promotion has already been granted by way of deemed date of promotion.” In view of the above, this petition is disposed of with a direction to the respondents to release the arrears of salary to the petitioner from the CWP No. 11995 of 2009 3 deemed date of promotion within a period of three months. (PERMOD KOHLI) JUDGE 16.12. 2010 MFK