Civil Writ Petition No. 477 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 477 of 1992 Date of decision: 22.09.2011 Ramesh Chander Sharma ...Petitioner Versus Haryana State Electricity Board and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. Roshan Lal Sharma, Advocate for the petitioner. Mr. Ravi Sodhi, Advocate for the respondents. RANJIT SINGH J. The petitioner has filed this writ petition to claim full pay scale of Sub Station Attendant w.e.f. 27.08.1970 alongwith the arrears of difference of salary as he has now been promoted with effect from this date and has been assigned seniority, accordingly. The petitioner had earlier approached this Court through Civil Writ Petition No. 3281 of 1991 for allowing him deemed date of promotion as Sub Station Attendant in view of some order passed by the Chief Engineer Operation, besides seeking direction for the respondents to fix the pay of the petitioner with effect from the date this deemed date of promotion. This writ petition was disposed of with the direction to the respondents to decide the representation filed by the petitioner by passing the speaking order. Consequent thereto, the petitioner was allowed post facto promotion w.e.f. 27.08.1970. This was the date from which his juniors were promoted. Civil Writ Petition No. 477 of 1992 2 The petitioner, however, was not allowed the consequential benefits of promotion like scale/fixation of pay in the cadre of Sub Station Attendant with reference to the deemed date of promotion. This action, the petitioner was challenged through the present writ petition. The petitioner was appointed as Assistant Sub Station Attendant on 09.07.1966. After bifurcation of the State of Punjab, the petitioner was allocated to Haryana State Electricity Board. The next promotion for Assistant Sub Station Attandent is Sub Station Attendant. Common seniority list is maintained for the purpose of promotion to the post of Sub Station Attendant, which is now known as Junior Engineer Sub Station. The seniority of the Assistant Sub Station Attendant was being maintained circle wise. The petitioner was posted in Transformer Repair Workshop, Dhulkot. By virtue of this, the administrative control of this newly created workshop circle was given to Chandigarh circle. The petitioner, accordingly, represented that he could not be deprived of seniority as Assistant Sub Station Attendant only on account of change of his circle. The petitioner was, thus, assigned seniority on the basis of his length of service in the circle. Ignoring this seniority list, Assistant Sub Station Attendants junior to the petitioner were promoted as Sub Station Attendant on 27.08.1970. The petitioner claims that he was senior to Sh. Hari Mohan Mittal and Sh. Man Mohan Sharma but was promoted as Sub Station Attendant only on 11.08.1971 though his juniors were promoted on 27.08.1970. Against this action, the petitioner filed representation. The petitioner also prayed for assigning seniority on the Civil Writ Petition No. 477 of 1992 3 basis of his length of service and, accordingly, his right for consideration for promotion as Sub Station Attendant from the date his juniors were promoted. The petitioner was assigned seniority over his juniors and ultimately was assigned the deemed date of promotion as already noted. The petitioner, however, was not granted the benefit of pay and allowances from the deemed date of promotion for which he had filed number of representations. Firstly, the petitioner has approached this Court for grant of arrears w.e.f. 27.08.1970 as he has been assigned seniority with effect from this date and has also been promoted from the same date. The respondents have filed reply conceding that Sh. Hari Mohan Mittal and Sh. Man Mohan Sharma, were junior to the petitioner but it is stated that they were promoted to the post against 2/3 quota meant for those officials having higher qualifications or being diploma holder. The respondents have justified this action on the basis of memo dated 14.05.1970 issued by the Chief Engineer, Operation. As per this memo, 1/3rd of Assistant Sub Station Attendant were to be promoted on completion of 5 years on the post. Since the petitioner had joined on 09.07.1966, he did not have experience of 5 years as on 27.08.1970. The petitioner was not a diploma holder. Later, the seniority was assigned to the petitioner once he had attained 5 years experience. As per the respondents, this would not entitle the relief of consequential benefits to the petitioner even if he is assigned the seniority w.e.f. 28.07.1970. I have considered the submissions made before me. Once the respondents have promoted the petitioner w.e.f. 27.08.1970 and have given him deemed date of promotion, the Civil Writ Petition No. 477 of 1992 4 denial of pay and allowances would not be justified. The respondents have promoted the petitioner from 27.08.1970 but have also assigned seniority to the petitioner with effect from the said date. By virtue of this order, the petitioner ranked senior to Sh. Hari Mohan Mittal and Sh. Man Mohan Sharma, who were promoted w.e.f. 27.08.1970. It is because of this reason that he has been given deemed date of promotion w.e.f. 27.08.1970 and have also been assigned seniority with effect from that date. Once the petitioner has been assigned seniority, then the respondents cannot plead that he would not be entitled to the pay and allowances or the consequential benefits. If this action is allowed to sustain, the juniors would draw more pay than the petitioner, which is impermissible. Once the respondents have assigned seniority and have promoted the petitioner w.e.f. 27.08.1970, they would deemed to have waived the condition of 5 years experience to that extent. Accordingly, the action of the respondents does not sound just and fair. The prayer made in the writ petition, therefore, is allowed. Directions are issued to grant the consequential benefits to the petitioner with effect from the date he has been promoted. The arrears be released within a period of three months from the date of receipt of copy of this order. If arrears are not released within this period, these shall carry interest at the rate of 9% per annum from the date it was due to date of payment. September 22, 2011 ( RANJIT SINGH ) rts JUDGE