IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.448 of 2003(O&M) Date of decision: 28.1.2010 State of Haryana and another. -----Appellants Vs. Pawan Kumar Gupta & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. M.S. Sindhu, Addl.A.G., Haryana for the appellants. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge, setting aside withdrawal of promotion. 2. The respondents were employed with the appellant State and were granted promotion in the year 1982. Subsequently, in the year 1985, they were reverted by reviewing the earlier order. 3. Learned Single Judge allowed the writ petition holding that qualification had to be seen on the date of promotion and promotion given to the writ petitioners was valid. Reliance was placed on judgment of the Hon’ble Supreme Court in Uma Kant Saran v. State of Bihar (1973) 1 SCC 485. Accordingly, order of LPA No.448 of 2003 reversion was set aside and the writ petitioners were held entitled to continue on the promotional post with consequential benefits. 4. At the time of admission of the appeal, no stay was granted. Learned counsel for the State does not dispute that order of learned Single Judge has been complied with. 5. Promotion was made in the year 1982 i.e. about 28 years back and the respondents having worked on the said posts for 28 years, irrespective of merits of the case, interference at this stage is not called for. 6. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE January 28, 2010 ( ALOK SINGH ) ashwani JUDGE 2