C.W.P. No.15803 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.15803 of 1993 Date of Decision: 13.2.2008 Ram Parkash .....Petitioner Vs. State of Haryana and another ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Amit Jain, Advocate for the petitioner. Mr.Ajay Chaudhary, DAG, Haryana. ... RAJIVE BHALLA, J (Oral) Prayer in this writ petition is, for issuance of a writ in the nature of Certiorari/Mandamus or such other appropriate writ, order or direction, declaring the action of the respondents in not considering the case of the petitioner for promotion as Head Clerk from the date, persons junior to him were promoted as such. Counsel for the petitioner contends that the petitioner's grievance is that upon bifurcation of the State of Punjab, the petitioner stood allocated to the State of Haryana with effect from 1.11.1966. As the formal allocation of the petitioner was not received, respondent no.2 proceeded to promote his juniors as Head Clerks, namely, Dalip Singh and S.N. Mainee by giving them a deemed date of promotion as Head Clerks with effect from 1.3.1973. Another person namely, Sh.R.K. Sharma was granted deemed date of promotion with effect from 16.9.1971. In the case of the petitioner, however, he has been denied the said benefit. C.W.P. No.15803 of 1993 2 Counsel for the respondents, on the other hand, submits that persons juniors to the petitioner have not been promoted and even otherwise, as the petitioner did not fulfill pre-requisite qualifications for promotion, namely, passing of a departmental examination, the petitioner could not draw any benefit. Be that as it may, the contention put forth by counsel for the petitioner appears to be correct. The petitioner was allocated to the State of Haryana from 1.11.1966 and it is not denied that he has worked, in the State of Haryana since then. The petitioner's service in the State of Haryana was confirmed on 19.7.1973 with effect from 1.11.1966. It appears that the period from 1.11.1966 to 19.7.1973 has not been considered, while considering the petitioner's prayer for promotion. It is not denied that Dalip Singh and S.N. Mainee were granted deemed dates of promotion, as is apparent in para 3 of the preliminary objections to the written statement filed by Sh.J.P. Gupta, Engineer-in-Chief, Irrigation Department, Haryana. The inter-se seniority referred to in para 4 of the petition shows the petitioner senior to Dalip Singh and S.N.Mainee. In the written statement, though it is averred that this seniority list was withdrawn and a revised seniority list was prepared, it appears that Dalip Singh and S.N. Mainee were granted deemed dates of promotion and, therefore, shown senior to the petitioner, whereas this benefit was denied to the petitioner without any just cause. While deciding the petitioner's claim, the respondents failed to take into consideration the facts noticed herein above. As a result, the present writ petition is allowed. The respondents are directed to reconsider the petitioner's claim by taking into consideration the period from 1.11.1966 to 1973 and after computing his C.W.P. No.15803 of 1993 3 length of service, consider his plea for promotion afresh and grant such benefits as may be due to him. Needless to say, as the petitioner has since retired, no arrears of salary would be paid but if the petitioner's claim is accepted, it would enure for the benefit of computation of pension and arrears, if any, in respect thereof. 13.2.2008 ( RAJIVE BHALLA ) GS JUDGE