Punjab-Haryana High Court
Tarwinder Kumar vs State Of Punjab And Ors on 5 September, 2022
136 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-7723-2019 (O&M)
Date of decision: 05.09.2022
Tarwinder Kumar
....Petitioner
Versus
State of Punjab and others
..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. R.K.Arora, Advocate for the petitioner
Mr. Sandeep Chopra, DAG, Punjab
ANIL KSHETARPAL, J (Oral)
The petitioner assails the correctness of the order dated
13.09.2019 passed by the Civil Judge, Junior Division, Patiala, in an
execution petition. The petitioner was working as a Constable in the
Punjab Police. He was dismissed from the service on 06.01.1994.
However, he was taken back in service on 16.04.2003. He filed a suit
for declaration to the effect that he was entitled to the benefits. The
Regular Second Appeal (RSA-3300-2016) filed by the petitioner was
allowed on 23.02.2018. The operative part of the order reads as under:-
"Hence, appellant is entitled to notional
benefits for the intervening period from the date of
dismissal till reinstatement like seniority, increments
and re-fixation of pay from time to time. It is to be
noted that Director General of Police being head of
the Police Unit in the State, he must have had the
knowledge of entertaining representation against a
dismissal order. Perusal of communication dated
24.03.2003, there is not even a reference to the
appeal or second appeal decided against the
appellant. In view of the lapses on the part of the
respondent-Police Department in not looking into the
statutory provision and the fact that there is
inordinate delay to take any further action either on
the appellant or on the then Director General of
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Police, therefore, in order to give quietus to the
litigation, appellant is entitled to notional benefits of
increments pay fixation and seniority. These service
benefits shall be extended to the appellant within a
period of 6 months from today.
Appeal stands disposed of."
Learned counsel representing the petitioner contends that
the Executing Court has wrongly held that the decree in favour of the
petitioner stands satisfied. He submits that the consequential benefit of
seniority and arrears have not been given to the petitioner.
On the other hand, learned counsel representing the State of
Punjab submits that the petitioner is being paid salary from the date of
his reinstatement i.e 16.04.2003, after counting his seniority and he now
stands promoted as the Assistant Sub Inspector (ASI).
It is evident from the reading of the judgment dated
23.02.2018 that the petitioner was held entitled to notional benefits of
increments, pay fixation and seniority. He was not required to be given
the benefit of actual pay from 1994 to 2003. The remaining benefits are
stated to have been paid. In any case, the revision petition is disposed of
while granting liberty to the petitioner to file a representation in this
regard, which shall be decided by the State of Punjab-respondents,
within a period of one month, from the date of receipt of the
representation.
All the pending miscellaneous applications, if any, are also
disposed of.
05.09.2022 (ANIL KSHETARPAL)
rekha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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