Punjab-Haryana High Court
Jaswinder Singh And Ors vs State Of Punjab & Ors on 28 July, 2023
Neutral Citation No:=2023:PHHC:097864
CWP-19706-2017 -1- 2023:PHHC:097864
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
212 CWP-19706-2017
Date of Decision: 28.07.2023
Jaswinder Singh and others .... Petitioners
Versus
State of Punjab and others .... Respondents
CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Present: Ms. Shailja Sharma, Advocate, for
Ms. Sonia G. Singh, Advocate
for the petitioners.
Mr. R.K. Kapoor, Addl. A.G., Punjab.
*****
SANJEEV PRAKASH SHARMA, J (ORAL)
1. This is a civil writ petition filed under Article 226 of the
Constitution of India for issuance of a writ in the nature of mandamus
directing the respondents to grant the promotion to the petitioners w.e.f.
22.09.1998.
2. The case of the petitioners in short is for giving promotion to
Master cadre w.e.f. 22.09.1998 in terms of a judgment passed in their favour
by this Court on the said date. It is their case that the petitioners were party
in CWP-5125-1997, which was disposed of by this Court on 22.09.1998
directing the respondents to consider their case for promotion to Master
cadre. However, the directions were ultimately complied with and
promotion was awarded to the petitioners on 30.10.2000. Learned counsel
for the petitioners submits that while the order was passed on 30.10.2000, it
should relate back from the date, the writ petition of the petitioners was
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allowed by this Court i.e. on 22.09.1998.
3. Learned counsel for the petitioners further points out that
similarly situated other persons who approached this Court by way of
CWP-21908-2010 was granted the national promotion to Master cadre w.e.f.
22.09.1998, which has been admitted by the respondents in their counter
while the case of the petitioners has been denied in the counter solely on the
ground that the petitioners have filed the present petition in the year 2017
and thus, their claim is being denied on the ground of delay and latches. He
submits that the delay cannot be attributed to the petitioners and the fault lies
on the respondents in not granting the benefit.
4. Per contra, learned State counsel has submitted that the
petitioners should be aware of their own rights and they should have agitated
their claim immediately after the order of promotion, which was passed on
30.10.2000. The writ petition suffers from delay and latches. It has also
been stated that the vacancy of a promotional post can be claimed if the
same is agitated within a time period as held by the Supreme Court in the
case of P.S. Sadashivaswami Vs. State of Tamil Nadu, AIR 1974 SC 2271.
5. I have heard learned counsel for the parties at length and have
considered the submissions.
6. The question arises whether the present petition suffers from
delay and latches and therefore, the relief should be denied to the petitioners
or not.
7. It is an admitted position that the petitioners had preferred a
writ petition before this Court in the year 1997 bearing CWP-5125-1997
after a judgment was rendered by the Division Bench of this Court in the
case of Ram Niwas Vs. Haryana State Agriculture Marketing Board,
passed in CWP-8154-1993, after the promotion was denied to the petitioners
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in the Master cadre. This Court vide order dated 22.09.1998, directed the
respondents to consider their case for promotion with following directions:-
"After hearing the learned counsel for the parties, we dispose
of this writ petition by directing the official respondents to give
promotion to the category of the petitioners against the posts
meant for their respective quota (if already not given) on the
basis of their seniority, which would be determined as per
Jagdish Lal and others Vs. State of Haryana etc. 1997(3) RSJ 1.
Learned counsel for the respondents, however, states that the
State Government has already moved an application in the
Apex Court seeking clarification regarding the true import of
Ajit Singh Januja etc. Vs. State of Punjab etc., 1996(2) RSJ land
Jagdish Rai cases. In these circumstances, the promotions that
may be made would be subject to the clarification/decision that
may be rendered by the Apex Court regarding the true import
of the aforesaid two judgments. This rider should be
incorporated in the orders of promotion."
8. In view of the aforesaid direction, the case of the petitioners
was required to be considered. The respondents considered their case and
promoted them, vide order dated 30.10.2000, the date of promotion as
Masters. The quota of promotion is in relation to the year 1998 but exercise
has been done in 2000. Similarly situated other petitioners preferred writ
before this Court bearing CWP-21908-2010, which came to be allowed on
27.09.2016 and they were granted notional promotion w.e.f. 22.09.1998
against 15% quota of JBT teachers. In the opinion of this Court, the
petitioners' claim was earlier to that who came before this Court in the year
2010. They were not required to file a fresh petition merely because they
have again approached the Court in 2017 for their rightful claim, the same
cannot be denied and they cannot be outstretched on the ground of latches.
In fact, the latches lie with the respondents in not complying with the orders
timely.
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9. Be that as it may, this controversy can be given a quietus now
with directions to the respondents to relate the petitioners' promotion
granted in 2000 from the back date of 22.09.1998 notionally, as has been
given to the similarly placed other petitioners, whose writ petition was
allowed on 27.09.2016 since the fact granting notional promotions to them
has been admitted by the respondents.
10. Accordingly, the present petition is allowed in the aforesaid
manner.
11. No order as to costs.
(SANJEEV PRAKASH SHARMA)
28.07.2023 JUDGE
D.Bansal
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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