CWP NO.6036 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6036 of 2007 (O&M) Decided on : 18.02.2009 Ms. Mahindra Kaur Agarwal ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAY TEWARI Present:- Mr. Deepak Sonak, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana AJAY TEWARI J. The petitioner has filed this writ petition claiming promotion to the post of Principal on the ground that persons junior to her were promoted vide order dated 20.10.2005. The only contention in the written statement is that though the petitioner was otherwise entitled for promotion, when the order was passed she stood retired. It is not disputed that by an order dated 23.05.2005 certain similarly situated persons were promoted (although senior) and many of them were retired on that date and had been granted only notional benefit of pay. It is not disputed that this has been done in compliance of the judgment of this Court titled as Tek Ram V. State of Haryana in CWP No.13681 of 2002 decided on 23.8.2004. It is also not controverted that the petitioner would also be covered by the decision of this Court in aforementioned writ petition. In the circumstances, the reason now being given for denying the petitioner the notional benefit of pay, viz. that she stood retired would CWP NO.6036 of 2007 (O&M) -2- not pass the test of reason. Consequently, this writ petition is allowed. The petitioner who is at serial No.32 in the seniority list would be held entitled for promotion from the date her junior i.e. Usha Rani was promoted as Principal/Deputy Director. The respondents are, therefore, directed to consider the case of petitioner for promotion from the date her junior was promoted. It is, however, clarified that petitioner would be entitled only to the notional benefit of pay fixation and consequential benefit of enhancement of superannuation benefits. Accordingly, the petition stands disposed off. February 18, 2009 ( AJAY TEWARI ) ashish JUDGE