Punjab-Haryana High Court
Mastan Singh And Ors vs State Of Punjab And Another on 2 April, 2024
Neutral Citation No:=2024:PHHC:043723
CWP-17743-2019 (O&M) 2024:PHHC:043723
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
102 WP-17743-2019 (O&M)
C
Date of decision: 02.04.2024
Mastan Singh and others ...Petitioners
Versus
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present : Mr. D.S. Rawat, Advocate for the applicant-petitioners. Mr. Satnam Preet Singh, DAG, Punjab. ***** AMAN CHAUDHARY, J. (Oral) CM-4988-CWP-2024 Prayer in the present application is for preponing the date of hearing of the main case from 23.07.2024 to some earlier date, it being a covered case by judgment in Didar Singh vs. State of Punjab and others, CWP-4625-2016, decided on 28.02.2024 and for its disposal in terms thereof. Forthereasonsmentionedintheapplication,thesameisallowed and Annexure P-10 is taken on record and the main case is preponed and taken up on Board today itself. Main Case 1. The present Civil Writ Petition under Article 226 of the ConstitutionofIndia,isfiledforissuanceofawritforquashingtheimpugned letter dated 06.09.2018,AnnexureP-9aswellasfordirectingtherespondent tostepupthepayofthepetitionersatparwiththeirjunior,withconsequential benefits along with interest @ 12% per annum on arrears from date of entitlement till actual payment made. 2. ThepetitionerswereappointedasTracersonregularbasisunder thegeneralcategoryinJanuary,1984.However,Sh.JagdishKumar,whowas juniortothemwasgrantedacceleratedpromotionvideorderdated23.10.1989 as Draftsman being a reserved category candidate, by virtue of which, he 1 of 3 ::: Downloaded on - 05-04-2024 00:06:04 ::: Neutral Citation No:=2024:PHHC:043723 CWP-17743-2019 (O&M) 2024:PHHC:043723 -2- started to draw higher pay. Though, the promotion of the petitioners took place to the aforesaid post on 07.10.2009, 13.10.2009 and 03.12.2008, respectively, however, their pay still remained lower than him. 3. Theissueisnolongerres-integrathatthepayofaseniorcannot be lower than his junior, as was held in the case of Didar Singh (supra), wherein the petitioners prayed for the step up of their pay at par with their junior, who being in reserved category, was promoted before them. The relevant paras thereof read thus: " 3. Learned counsel for the petitioners submit that the issue, as involvedinthepresentpetitions,hasalreadybeendealtwithand decided by this Court vide judgments dated 18.11.2008, CWP-5956-2008, titled as Charan Dass vs. State of Haryana, AnnexureP-4and07.08.2012,CWP-17280-2011,PremKumar Verma and others vs. State of Haryana, Annexure P-5 and 06.12.2012,CWP-18307-2011,GurmeetSinghandanothervs. Punjab School Education Board and others, Annexure P6. Theythuspraythattheinstantpetitionsmaybedisposedofinthe same terms. TherelevantportionofCharanDass(supra),reads thus:- "(iv) The grievance of the petitioner against the respondent, the failure on the part of the respondents to step up the pay resulted in gross inequity and the Civil Surgeon, Kaithal had even recommended the caseofthepetitionerfornotional promotionandforsteppinguphispayvidehisletter dated 17.05.2007. The petitioner served a legal notice on the respondents on 23.07.2007 and followed it up with CWP 17344 of 2007. The respondentsissuedtheimpugnedproceedingsonthe ground that the petitioner had been promoted from the post of Deputy Superintendent (Level 3) to the Superintendent (Level 4) while Rameshwar Dass Jangra had superannuated even without reaching Level 4. The impugned proceedings restricted its owninstructionsdated14.11.1999andlateraffirmed byinstructionsdated27.11.2006tobeconfinedonly to situation where a junior employee of reserved category reaching Level 3alsoreachedLevel4and since Rameshwar had alreadysuperannuatedbefore reaching Level 4, the stepping up of pay did not arise. 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 2 of 3 ::: Downloaded on - 05-04-2024 00:06:04 ::: Neutral Citation No:=2024:PHHC:043723 CWP-17743-2019 (O&M) 2024:PHHC:043723 -3- Hon'bleSupremeCourtwhichclearlylaysdownthat a 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. The action of the respondent also betrayed invidious discriminatorytreatmentIthattheDirector,Food& Supplies Department had appliedtheinstructionsto the case of Munish Kumar over the claims of Shri Rajbir Singh as seen from the proceedings of the Director, Food & Supplied Department, Haryana dated13.07.2007(AnnexureP-3)andeventheChief Secretary to Government of Haryana has issued an order dated 13.11.2007 setting out the correct position as to how Ajit Singh Jasuja's disposition was to be understood and applied to similar situation. V Conclusion:- ( v) The petitioner isentitledtobesteppedup in his scale of pay on the date of his promotion to the next higher post as Assistant on par with his junior Rameshwar who was promoted earlier and stilllatertothepostsofDeputySuperintendentsand Superintendents at the respective Levels 2, 3 & 4 from the dates when he assumed office at the promotion posts. The impugned order dated 04.02.2008 is set aside and the writ petition is allowed as prayed for." 3 .LearnedStatecounselisunabletorebutthefactualpositionin this matter and also cite any contrary law. 4. In view of the aforesaid, the presentpetitionsaredisposedof in terms of the judgment passed in Charan Dass, Prem Kumar Verma and Gurmeet Singh (supra)." 4. Learned State counsel despite his best efforts was unable to controvert the factual position and draw out any distinctive aspects in the aforementioned judgments orcite any contrary law. 5. In view of the aforesaid, the present petition is disposed of in terms of the judgments in the cases ofDidar Singh(supra). (AMAN CHAUDHARY) 0 2.04.2024 JUDGE Hemant hether speaking/reasoned W : es / No Y Whether reportable : Yes / No 3 of 3 ::: Downloaded on - 05-04-2024 00:06:04 :::