Punjab-Haryana High Court
Mewa Devi vs State Of Haryana And Anr on 12 May, 2022
CWP-22095-2016 -1-
221-A
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CWP-22095-2016
Date of Decision: 12.05.2022
Mewa Devi
..... Petitioner
Versus
State of Haryana and another
..... Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Jaspal Singh Maanipur, Advocate,
for the petitioner.
Mr. Narender Singh Behgal, AAG, Haryana.
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HARSIMRAN SINGH SETHI J. (ORAL)
In the present petition, grievance of the petitioner is that her
late husband, namely Dalip Singh, is entitled for promotion, with effect
from the date when the employees, namely Swaran Singh Bawa and Wazir
Chand, who were junior to him, were granted the benefit of promotion to the
post of Company Commander, along with all the consequential benefits.
After notice of motion, the respondents have filed the written
statement, wherein it has been mentioned that Late Dalip Singh was
promoted as a Company Commander on 21.05.1986, whereas the said
Swaran Singh Bawa was promoted as such on 31.07.1986 and Wazir Chand
was actually promoted on the said post on 17.05.2005. As per the
respondents, Late Dalip Singh was already senior to the said Wazir Chand
and Swaran Singh Bawa in the ranks of Platoon Commander and Company
Commander, and therefore, the question of granting the benefit of
retrospective promotion to the late husband of the petitioner does not arise.
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The relevant paragraph of the said written statement filed by the
respondents in this regard is as under:
" x - x - x
In this regard, it is submitted that the case of
Wazir Chand has not relevance with the case of
husband of the petitioner, as such Shri Wazir Chand
was actually promoted to the post of Platoon
Commander on 16.04.1990 and on Company
Commander on 17.05.2005, respectively, but vide ibid
CWP he sought benefits of seniority over and above to
his junior counterpart Late Swaran Singh Bawa w.e.f.
02.11.1979 and 31.07.1986 respectively, to the posts of
Platoon Commander and Company Commander. The
Hon'ble High Court vide order dated 21.07.2015 (CWP
No.4301 of 1998, O&M) has found him entitled to grant
the promotion from the date when respondent No.4
(namely late Swaran Singh Bawa) was promoted to
aforesaid posts along with granting him all mandatory
and all consequential benefits (in monetary terms)
within a period of three months. Whereas Late Dalip
Singh was actually promoted to the posts of Platoon
Commander on 02.07.1976 and Company Commander
on 15.11.1984, which reveals that the husband of the
petitioner was already senior to Shri Wazir Chand and
Late Swaran Singh Bawa in the ranks of Platoon
Commander and Company Commander, respectively,
hence the judgment passed in CWP No.4301 of 1998
has no relevance to the case of petitioner's husband.
x - x - x"
Learned counsel for the petitioner very fairly submits that
keeping in view the said written statement filed by the respondents, once
Late Dalip Singh had been granted the promotion to the post of Company
Commander from the date prior to that of Wazir Chand as well as Swaran
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Singh Bawa, no grievance of the petitioner survives in the present petition
at this stage and the same may kindly be disposed of as having been not
pressed any further at this stage.
Ordered accordingly.
12.05.2022 (HARSIMRAN SINGH SETHI)
Apurva JUDGE
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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