COCP No. 2033 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 2033 of 2010 Date of decision:- 26.10.2010 Mange Lal ......petitioner vs. Sh. Naresh Gulati, Financial Commissioner and others ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. P.R. Yadav, Advocate for the petitioner HEMANT GUPTA, J (ORAL) The petitioner filed a writ petition challenging the order dated 20.7.1995 repatriating the petitioner to his parent department i.e. Revenue Department. The writ petition filed by the petitioner was dismissed on 27.11.1998 by learned Single Bench but the same was allowed by Letters Patent Bench on 16.11.2004. Operative part of the order reads as under: - “In the result, the appeal is allowed. The order of the learned Single Judge is set aside. As a consequence, the writ petition filed by the appellant is allowed and order dated 20.7.1995 passed by Joint Secretary to Government, Haryana Rehabilitation Department is quashed in so far as it relates to the appellant. The appellant shall get all consequential benefits” The petitioner filed another writ petition before this Court challenging the action of the State Government promoting the juniors to the petitioner by ignoring the seniors i.e. the petitioner. In the said writ petition, a statement was made on behalf of the State Government that the petitioner COCP No. 2033 of 2010 -2- had been promoted to the post of Naib Tehsildar (Sales). However the petitioner claimed seniority from the date his juniors were promoted as Naib Tehsildar. Such claim was directed to be decided on submission of representation within a period of two months by Division Bench of this Court vide its order dated 30.10.2008. In pursuance of the representation filed, an order has been passed by the Financial Commissioner and Principal Secretary to Government of Haryana, Revenue on 23.6.2009 to the effect that petitioner is entitled to be promoted from the date his junior Tej Ram was promoted i.e. 14.11.1998 but the arrears will be given to him from the date of his actual promotion as Naib Telsildar i.e. 23.10.2008. The grievance of the petitioner is that he has not been paid consequential benefits of pay and allowance consequent to orders of promotion passed by the State Government on 23.6.2009 which is mandated by the Division Bench of this Court on 16.11.2004. I do not find any merit in the arguments raised by learned counsel for the petitioner. After a Division Bench has quashed the order of repatriation, petitioner has filed a writ petition claiming promotion from the date of his junior was promoted. The petitioner has been promoted from the date his junior was promoted but the benefit of arrears have been restricted from the date of his actual promotion. Since, the benefit of arrears have been declined by passing a speaking order, it is open to the petitioner to seek his remedy against that part of the order but it cannot be said that any direction has not been complied with. COCP No. 2033 of 2010 -3- (HEMANT GUPTA) JUDGE 26.10.2010 preeti