Punjab-Haryana High Court

Jarnail Singh vs State Of Punjab And Anr on 12 November, 2024

Bench: Sureshwar Thakur, Sudeepti Sharma

                                 Neutral Citation No:=2024:PHHC:148379-DB

LPA-18-2017
                                                                                 1

            IN THE HIGH COURT OF PUNJAB & HARYANA
                 AT CHANDIGARH


                                                 18-2017
                                            LPA-18
                                            Reserved on November 05, 2024
                                            Pronounced on: November 12, 2024

Jarnail Singh                                                  ......Appellant

                                 vs.
State of Punjab and anr.                                       .....Respondents

CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
       HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present:    Mr. Sanjeev Sharma, Advocate,, fo
                                           for the appellant.

            Mr. Maninder Singh, Sr. DAG, Punjab

            ****

SUDEEPTI SHARMA J.

1. The present Letters Patent Appeal under Clause Clause-X of the Letters

Patent Act, is preferred against the judgment dated 24.05.2016 passed by the

learned Single Judge of this Court in CWP No. 7156-2015.

2. Brief facts of the case as stated in the Civil Writ Petition are that

the appellant/petitioner appellant/p was initially recruited to the Post of Clerk with the

respondent-department department and was promoted as Sr. Assistant on 28.12.1999..

Subsequently,, he was promoted to the post of Supdt. Grade Grade-II II after

completion of 14 years of service, vide order dated 16.04.2013. The

petitioner-appellant appellant was then retired from service after attaining the age of

supernnuation, vide order dated 29.07.2013 29.07.2013. The petitioner/appellant ner/appellant was

aggrieved from the order dated 30.07.2013, vide which he was reverted from

the post of Supdt. Grade II to the post of Senior Assistant and he then filed

CWP No. 7156-2015 7156 and the same was dismissed, vide impugned judgment

dated 24.05.2016.

24.05.2016 Hence, the present appeal.

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SUBMISSIONS OF THE COUNSELS FOR THE PARTIES

3. Learned counsel for the appellant/petitioner contends that he was

promoted to the post of Supdt. Grade II, vide order dated 16.04.2013 and he

stood retired on 31.07.2013.

31.07.2013. However, the impugned order dated 30.07.2013

was issued after the date of his retirement, therefore, the same is bad in the

eyes of law. He prays that the present appeal be allowed.

4. Learned counsel for the appellant/petitioner has relied upon

judgment nt of Hon'ble the Supreme Court of India passed in a case of State of

Punjab vs. Amar Singh Harika, 1966 AIR SC 1313 1313, wherein Hon'ble the

Supreme Court has held that mere passing of an order is not effective unless it

is published and communicated to the officer/official /official concerned.

5. Per contra learned State counsel for the respondents argues on

the lines of the judgment dated 24.05.2016 passed by the learned Single Judge

and contends that the impugned order dated 30.07.2013 was rightly passed by

the respondent-department.

respondent

6. We have heard learned counsel for the parties and perused the

whole record of the case.

7. Before proceeding further, it is necessary to reproduce the order

dated 16.04.2013 whereby the appellant was promoted and certain conditions ons

were stipulated in the order, which reads as under:

under:-

"1. These promotions shall be subject to the probation for one year.

2. That promotion of the official at Sr. No. 1 Smt Smt. Alka Senior

Assistant to the post of Superintendent Grade Grade-II is made on notional

basis from the date ( i.e from 04.03.2013) on which her junior

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official Smt. Sushma Devi was promoted to the post of

Superintendent Grade-II Grade

3. With the promotion of Smt. Alka, Senior Assistant to the post of

Superintendent Grade-2 Grade from back date on notional basis, in the

previously issued orders of promotion, the promotion of junior most

official Smt. Krishna Batra, as Superintendent Grade II shall be

applicable against the vacant post of Superintendent Grade Grade-II with

effect from 29.3.2013.

4. These promotions shall be subject to the outcome of the Civil Writ

Petition No. 4254/2000 Dwarka Dass Abrol (retired as

Superintendent) and others versus State of Punjab pending in the

Hon'ble Punjab & Haryana High Court.

5. These promotions can can be reconsidered if any change is made in

the seniority of the officers or any administrative necessity arises in

view of the policy to be framed by the Punjab Government in the

light of the decision of the Hon'ble Supreme Court dated 19.10.2006

rendered with regard to the 85th amendment of the Constitution.

6. These promotions shall be subject to the decision on the

departmental proceedings pending against Shri Ravinder Singh,

Senior Assistant, Shri Prem Nath Jindal, Senior Assistant and Smt.

Savita Rani, Senior Assistant under Rule 8 and 5 of the Civil

Services (Punishment & Appeal) Rules, 1970 for giving major

punishment. Therefore the names of these officials are kept in a

'sealed cover' as per instructions issued by the Government of

Punjab, Department OF Personnel vide letter No. 3/27/97 3/27/97- 3PP-

1/2087 dated 27.2.1998. After the decision in favour of these

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employees, they will be promoted on notional basis from the date

from which their junior official has been promoted and the junior

most employee shall be reverted."

ANALYSIS OF THE RECORD

8. A perusal of the record shows that the appellant was promoted to

the post of Supdt. Grade-II, Grade II, vide order dated 16.04.2013 and his promotion

was conditional, as referred to above, above, wherein wherein, it has been specifically

mentioned ntioned that promotion shall be subject to the decision on the departmental

proceedings pending against Shri Ravinder Singh, Senior Assistant, Shri Prem

Nath Jindal, Senior Assistant and Smt. Savita Rani, Senior Assistant under

Rule 8 and 5 of the Civil Services Services (Punishment & Appeal) Rules, 1970 for

giving major punishment. After the decision came in favour of the above

employees, they were promoted on notional basis from the date from which

their junior officials official were promoted and the junior most employee (i.e

appellant) was reverted. This order of the promotion of the appellant dated

16.04.2013 was conditional and his automatic reversion after the decision

came in favour of his seniors, seniors was already informed to him, in the order of his

promotion itself i.e 16.04.2013. A perusal of the record further shows that the

appellant is reverted, reverted vide order dated 28.06.2013 28.06.2013, wherein para 6 of the

conditions of promotional order dated 16.04.2013 .04.2013 is specifically mentioned.

This order is communicated to the appellant on 30.07.2013.. The appellant is

relying upon his retirement order dated 29.07.2013 29.07.2013, communicated to him on

30.07.2013 by stating that he stood retired on 30.07.2013 and his reversion

order is also passed on 30.07.2013.

9. The contention of learned counsel ffor or the appellant is not as per

record. Since the record shows that vide order dated 29.07.2013, the appellant

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was ordered to be retired from Government service on attaining the age of

superannuation w.e.f.

w.e.f 31.07.2013 (A/F).

10. Reference at this stage can be made to order dated 29.07.2013

and order dated 30.07.2013 (which was modified). The same reads as under:

under:-

DIRECTORATE OF INDUSTRIES & COMMERCE, PUNJAB DIRECTORATE OFFICE ORDER

Shri Jarnail Singh, Superintendent Grade Grade-2 is hereby retired from om

Government service on attaining the age of superannuation with effect

31.7.2013 (Α.Ν.)

It is also made clear that if any complaint/enq complaint/enquiry uiry comes to the notice of the

office/Government fice/Government against the officer, then action shall be taken against him

as per thee instructions/Rules.

DATED:CHANDIGARH CHANDIGARH KARAN A.SINGH,IAS

29.7.2013 Principal Secretary Industries & Commerce Punjab

Endst. No. Admn/1/3/A-2/4203/2452 Admn/1/3/A Dated 30.7.13

A copy of the above is forwarded to the following for information and further necessary action:-

action:

1. Accountant General, Punjab, Chandigarh.

2. Joint Controller (F&A).

3. District Treasury Officer, Punjab, Chandigarh.

4. Assistant Director (Admn.)

5. Pension Assistant.

6. Shri Jarnail Singh, Superintendent Grade-2 Grade

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6 (Account Branch)

7. Assistant-6

Sd/-

Assistant Director (Admn.) for Director of Industries & Commerce, Punjab

DIRECTORATE OF INDUSTRIES & COMMERCE.PUNJAB

OFFICE ORDER

Shri Jarnail Singh, was ordered to be retired from Government service as

Superintendent Grade-2 Grade 2 with effect 31.7.2013 (A.N.) vide office order issued

underEndst No. A.1/3/A-2/4203/2450 A.1/3/A 2/4203/2450 dated 30.7.2013.

With the promotion of Smt. Savita Rani, Senior Assistant vide office order

issued under Endst.No. Admn1/A-

Admn1/A 2/Supdt.Grade 2/Supdt.Grade-2/Promotion/8428-B B dated

30.7.2013 as Superintendent Grade-2, Grade 2, Shri Jarnail Singh has been reverted

from Superintendent Grade-2 Grade 2 to the post of Senior Assistant. Therefore by

modifying the earlier orders, Shri Jarnail Singh is hereby retired from

Government Service Service as Senior Assistant w.e.f. 31.7.2013 (AN) on attaining the

age of superannuation.

It is also made clear that if any complaint/enquiry comes to the notice of the

office/Government against the officer, then action shall be taken against him

as per the instructions/Rules.

structions/Rules.

DATED:CHANDIGARH KARAN A.SINGH,IAS

30.7.2013 Principal Secretary Industries & Commerce Punjab

Endst. No. Admn/1/3/A-2/4203/2454 Admn/1/3/A 2/4203/2454 Dated 30.7.13

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A copy of the above is forwarded to the following for information and further necessary action:-

action:

1. Accountant General, Punjab, Chandigarh.

2. Joint Controller (F&A).

3. District Treasury Officer, Punjab, Chandigarh.

4. Assistant Director (Admn.)

5. Pension Assistant.

6. Shri Jarnail Singh, Senior Assistant

7. Assistant-6 (Account Branch)

Sd/- Assistant Director (Admn.) for Director of Industries & Commerce, Punjab Punjab"

11. Therefore, it is very clear from the record that the

appellant/petition was rightly retired from service w.e.f appellant/petitioner w.e.f. 31.07.2013 (A/F)

on attaining the age of superannuation as Sr. Assistant. So far as the judgment

relied upon by learned counsel for the appellant is concerned, the same would ould

not be applicable to the facts and circumstances of the present case, as the

facts of that case are distinguishable from the facts of the present case.