Punjab-Haryana High Court
Samunder Singh & Ors vs State Of Haryana & Ors on 11 July, 2022
CWP No. 8095 of 2000 (O&M)
647
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP NO.8095 OF 2000 (O&M)
DATE OF DECISION : 11.07.2022
Samunder Singh and others ...Petitioners
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE ARUN MONGA
Present : Mr. R.K. Malik, Sr. Advocate
with Mr. Sandeep Dhull, Advocate
for the petitioners.
Mr. R. D. Sharma, D.A.G., Haryana.
ARUN MONGA, J. (ORAL)
Petitioners herein, inter alia, seek issuance of a writ in the
nature of mandamus directing the respondents to consider claim of the
petitioners for promotion as Store-Keepers from the date their junior have
been promoted alongwith all consequential benefits.
2. On the resumed hearing today, learned State Counsel has
circulated a copy of common Office Order dated 13.07.2001 to this Court,
which is marked as Annexure 'A'.
3. Perusal of the common Office Order dated 13.07.2001
reveals that vide the said common order promotions were made including
those of the petitioners alongwith one Sh. Kalu Ram. However, in the
aforementioned promotion order (Annexure 'A'), it has been stated that
none of them would be entitled to any kind of arrears for the back period
since none of them had worked on the promotional post. Sh. Kalu Ram,
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who was similarly situated, preferred a writ petition before this Court
bearing CWP No.6999 of 2000 which was allowed in his favour vide
judgment dated 27.10.2014. Speaking for this Court, my Ld. Brother
Rajesh Bindal, J. (as he then was in this Court) held as follows:-
"The only reason on account of which the petitioners
were not promoted as Assistants was that they had not
passed the type test. Instructions dated 22.10.1997 were
issued providing for a condition precedent to pass a type test
for promotion to the post of Assistant, which were set aside
by a Division Bench of this Court in Ramesh Kumar's case
(supra). Aforesaid judgment delivered on 23.9.1999, was
accepted by the State. Despite this fact remedial measures
were not taken by the State immediately thereafter. The
petitioners were promoted vide order dated 13.7.2001. They
were ready and willing to perform the duty on the promoted
posts which was denied to them, despite the fact, the persons
junior to the petitioners were earlier promoted. Considering
the aforesaid facts, the petitioners are held entitled to
arrears of salary for the promoted posts from January 2000
onwards.
Disposed of with the directions that the arrears be
calculated and the same be paid to the petitioners within a
period of four months from the date of receipt of copy of the
order."
4. Having perused the aforesaid judgment, it was in this
background that vide earlier order dated 23.05.2022, the learned State
Counsel was asked to verify whether case of the petitioners herein is also
similar to that of Sh. Kalu Ram who was promoted by a common
promotion order. On the resumed hearing today, learned State Counsel
does not dispute that petitioners herein are also similarly situated as Sh.
Kalu Ram whose writ petition was allowed vide judgment ibid.
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5. In the premise, I see no reason why benefit of the aforesaid
judgment, which has been implemented and attained finality, be not
accorded to the petitioners (their LRs) as well.
6. Accordingly, the petition is allowed in the same terms.
7. Since the main case has been decided, the pending civil
miscellaneous application, if any, also stands disposed of.
JULY 11, 2022 (ARUN MONGA)
ashish JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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