CWP No.10683 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 20.5.2010 Rambir Singh Raghav ...Petitioner VERSUS The State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Ravi Verma, Advocate for the petitioner Mr.RKS Brar, Addl.A.G., Haryana Permod Kohli, J. (Oral) Keeping in view the controversy involved and with the consent of the counsel, this petition is disposed of at motion stage. Pursuant to the advertisement dated 15.11.1999, the petitioner applied for the post of SS Master. He appeared in the screening test as also interview. The petitioner was ignored by the respondents and the persons who secured less marks than the petitioner were given appointment. He filed CWP No.4961 of 2005. During the pendency of the said writ petition, the the name of the petitioner was recommended by the Haryana Staff Selection Commission for giving him appointment as SS Master vide letter CWP No.10683 of 2009 2 dated 21.3.2005. In this view of the matter, the said writ petition was dismissed as having become infructuous. Ultimately, the petitioner was given appointment vide letter dated 21.6.2006. The grievance of the petitioner is that since persons junior in merit have been appointed prior to him, he may be given deemed date of appointment as SS Master w.e.f. 13.12.2004 instead of 26.7.3006 i.e the date when his juniors were given appointment. It is agreed by the learned counsel for the parties that the matter is squarely covered by a judgment of this Court in the case of Subhash Chander vs. The State of Haryana and others, 2006(3) SCT 497 wherein following directions have been issued:- “7.For the above reasons, the writ petition is partly allowed and a direction is issued to the respondents to grant the deemed date of appointment to the petitioner as a JBT teacher with effect from 1.3.1999 instead of 23.8.2002 i.e. date when his juniors had been appointed as JBT Teachers. The petitioner will be entitled to the consequential benefits including fixation of seniority and pay with effect from the deemed date of appointment i.e. 1.3.1999 except for the arrears of salaries for having not actually for the period 1.3.1999 to 23.8.2002. However, the arrears of salary on refixation shall be paid from 23.8.2002 which is less than the period of three years preceding the filing of the instant petition, which was filed on CWP No.10683 of 2009 3 2.1.2005.” In this view of the matter, this petition is disposed of with a direction to the respondents to consider the claim of the petitioner keeping in view the observations/directions made in the aforesaid case and pass consequential order within a period of two months from the date a certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 20.5.2010 MFK