HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5655 of 2009 (O&M) Date of Decision: 29.08.2011 **** Harbhajan Lal . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Vipul Aggarwal, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab ***** SURYA KANT J. (ORAL) (1). This order shall dispose of CWP Nos.5655 & 5656 of 2009 as these cases involve common question of law. For brevity, the facts are being extracted from CWP No.5655 of 2009. (2). The petitioner while working as Technician Gr-I (Head Mechanic) was promoted to the post of Service Station Incharge vide order dated 27/29.01.2009 (Annexure P4) along with some other Technician Gr-I. Sarvshri Himmat Kumar, Sewa Singh, Channan Singh represented against the above-stated promotion granted to the petitioner and other Technician Gr-I on the plea that the petitioner was never promoted as Mechanic from the post of Fitter. The CWP No.5655 of 2009.doc - 2 – petitioner’s promotion order was cancelled vide a subsequent order dated 26/27.03.2009 (Annexure P9) on receipt of the said objections. (3). The aggrieved petitioner has approached this Court and vide order dated April 17, 2009 his reversion was stayed. (4). The petitioners in these cases have since retired from service w.e.f. 31.01.2010 & 31.08.2010, respectively. (5). The fact remains that in view of the ad interim protection granted by this Court against their reversion, both the petitioners continued to hold the promotional post of Service Station Incharge till their superannuation. (6). In these circumstances and without going into the merits of the contentions raised by the parties, the impugned reversion order qua the petitioner(s) is set aside with a direction to the respondents to release the retiral dues of the petitioner(s) keeping in view the pay-scale of the promotional post of Service Station Incharge. (7). The needful shall be done within a period of three months from the date of receipt of a certified copy of this order. (8). Since the above-stated direction is being issued keeping in view the peculiar facts and circumstances of the case, the same shall not be taken as a binding precedent. CWP No.5655 of 2009.doc - 3 – (9). Ordered accordingly. Dasti. 29.08.2011 vishal shonkar (S u r y a K a n t) Judge