CWP No.23454/2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 24.12.2010 Staya Pal Nagpal ...Petitioner VERSUS HVPNL and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.PK Rohilla, Advocate for the petitioner Permod Kohli, J. (Oral) Keeping in view the controversy involved and with the consent of learned counsel for the parties, this petition is disposed of at motion stage itself, without insisting for reply. The petitioner was appointed to the post of Tracer/Junior Drafts Man with respondent no.3. He was promoted to the post of Drafts Man on 1.12.1971. He was further promoted to the post of Divisional Head Drafts Man on 9.9.1982. The grievance of the petitioner is that respondent no.5 belongs to Scheduled Caste category and is junior to the petitioner, but due to roster point reservation, he was promoted to the post of Divisional Head Drafts Man on 19.5.1977 whereas the petitioner was promoted as such after about five years i.e. on 9.9.1982. The petitioner has filed this petition CWP No.23454/2010 2 seeking a direction to step up the pay of the petitioner at par with the pay of respondent no.5 w.e.f. 19.5.1977. I have heard learned counsel for the parties. The issue involved in this petition is no more res integra, having been settled by a Division Bench of this Court in the case of Charan Dass vs. State of Haryana (CWP No.5956 of 2008) decided on 18.11.2008 wherein following observations have been made:- “...The restrictive application which the impugned proceedings made, seems in our view, to be not based on any legal reasoning and non-sequeter. The instructions themselves came to be issued only to give effect to the decision of the Hon'ble Supreme Court which clearly lays down that a senior employee in the general category though may be promoted to a later date, would catch up at the promotion post with a junior employee who had been promoted earlier on a roster point........” In a similar situation, this Court in the case of V.B.Nanda and others vs. U.H.B.V.N. And others (CWP No.20351 of 2008 decided on 14.7.2010) has made following observations/directions:- “.... In the reply filed by the respondents, it is contended that in view of the Haryana Govt. Circular dated 27.11.2006 (Annexure P-8) an employee is entitled to benefit of promotion from the actual date of promotion and will not be entitled to the arrears, however, he is entitled for fixation of pay etc. on notion basis. Thus, in the reply the claim of the petitioner is admitted....” CWP No.23454/2010 3 In view of the above, this petition is disposed of with a direction to the respondents to re-fix the salary of the petitioner by giving him notional benefit from the date respondent no.5 has been promoted. (PERMOD KOHLI) JUDGE 24.12.2010 MFK CWP No.10585 of 2010 4