Punjab-Haryana High Court
Birbal Nath vs State Of Punjab And Ors on 30 April, 2024
Neutral Citation No:=2024:PHHC:058687
2024:PHHC:058687
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
205
CWP-9010-2016 (O&M)
Date of decision: 30.04.2024
Birbal Nath
....Petitioner
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. R.K. Arora, Advocate for the petitioner
Mr. Manipal Singh Atwal, DAG Punjab
*****
AMAN CHAUDHARY. J. (ORAL)
1. The present petition has been filed for quashing the impugned order
dated 25.04.2016, whereby promotion as Assistant Unit Officer given to the
petitioner, while he was in service, vide order dated 09.05.2012, has now been
withdrawn.
2. Learned counsel submits that the petitioner while working as Senior
Unit Officer, retired on 31.03.2015, on attaining the age of superannuation,
whereafter, he was granted extension of two years, but vide order dated
25.04.2016, impugned in the present petition, the date of promotion was changed
and accordingly, his pay was reduced and recovery ordered from his retiral dues,
which during the pendency of the present petition, have been released in terms of
order dated 04.07.2023, which reads thus:
"1. This court notices that in-spite of a judgment passed
by the Supreme Court on 18.12.2014 in a bunch of special
appeals decided in 'State of Punjab and others vs. Rafiq
Masih' reported in 2015 (4) SCC 334 wherein directions were
issued that no recovery shall be made from the respondents in
the appeal and it was conceded by the counsel representing the
appellant-State of Punjab that all the cases in the bunch of
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appeals would fall within the first four categories as delineated
by the Apex Court. The petitioner in appeal No. 11857 of 2014
was part of the said bunch.
2. In-spite of the above, the Assistant Controller (Finance and
Accounts) for Civil Surgeon, Sangrur passed an order directing
the Superintendent, Administrative Branch to make recovery of
sum of Rs.99.862/- from the petitioner. By another order, the
Senior Medical Officer, Incharge, PHC, Bhawanigarh
calculated and directed to recover for a sum of Rs.3,08,841/-.
3. Considering the judgment of the Supreme Court, it is
apparent that both the officers have flouted the Supreme
Court's judgment, and therefore are directed to remain present
on the next date of hearing to explain their conduct.
4. Adjourned to 11.07.2023."
3. However, the change of date of promotion and the selection grade
have not yet been restored as the order dated 25.04.2016, is based on the seniority
that was altered to the disadvantage of the petitioner and without notice to him. He
on thus, at this stage, on instructions, submits that the petitioner would be
satisfied, in case a time bound direction is given to the respondents to decide his
claim taking into account the judgments passed by Hon'ble the Supreme Court in
Sushil Kumar Singhal vs. Pramukh Sachiv Irrigation Department and
Others, 2014 (16) SCC 444, Annexure P-16 as also by Co-ordinate Bench of this
Court in Sarabjit Kaur vs. State of Punjab and Others in CWP-881-2015,
decided on 02.05.2017, Annexure P-21 and after granting him an opportunity of
hearing.
4. Learned State counsel has no objection to the limited prayer made.
5. In view of the above and without commenting on the merits of the
case, this petition is hereby disposed of with a direction to the respondents to
consider and decide the claim of the petitioner, taking note of the afore-referred
judgments, within a period of 6 months, which this Court has no reason to believe
the authorities would not address in a just, fair and reasonable manner. Upon
doing so, after notice and hearing offered to him and if found entitled, grant the
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benefit forthwith. Needless to say, if the orders are adverse to his interest, the
same shall contain reasons and the petitioner shall be free to seek legal redress
thereupon.
(AMAN CHAUDHARY)
JUDGE
30.04.2024
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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