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Punjab-Haryana High Court
Brij Lal vs State Of Haryana & Ors on 9 April, 2026
CWP-22594-2018(O&M)
210
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-22594-2018(O&M)
Date of decision : 09.04.2026
Brij Lal ...Petitioner
Versus
State of Haryana and others ...Respondents
*****
CORAM: HON'BLE MR. JUSTICE DEEPINDER SINGH
NALWA
Present: Mr. Kulwant Singh Dhanora, Advocate and
Ms. Kri ka Mandhan, Advocate for the pe oner.
Mr. Gaurav Jindal, Additional A.G., Haryana.
*****
DEEPINDER SINGH NALWA, J. (Oral)
1. In the present writ petition, the petitioner is praying for
issuance of a writ in the nature of certiorari for quashing the order dated
23.07.2018 (Annexure P-4), passed by respondent No.3, whereby the
promotion granted to the petitioner to the post of Sub Inspector (for
short, 'SI') with effect from 13.11.2012 has been withdrawn and his
seniority has been ordered to be refixed at the rank of Assistant Sub
Inspector (for short, 'ASI').
2. The brief facts of the case are that the petitioner, belonging
to the Scheduled Caste category, was appointed as a Constable in the
year 1979. He was promoted to the post of Head Constable with effect
from 15.11.1999 on the basis of reservation. Thereafter, he was
CWP-22594-2018(O&M)
promoted to the post of ASI with effect from 22.03.2006 and was
confirmed on the said post on 31.01.2009. The said promotion was also
granted on the basis of reservation. Subsequently, the petitioner was
promoted to the post of SI with effect from 13.11.2012, by again
extending the benefit of reservation policy. The petitioner later sought
voluntary retirement, which was accepted, and he was voluntarily
retired from service on 31.12.2013. After a lapse of more than four
years from the date of his retirement, a show cause notice dated
05.02.2018 (Annexure P-1) was issued to him stating that undue benefit
of promotion to the rank of SI was given to the petitioner, as such, the
abovesaid benefit of promotion was liable to be withdrawn. The
petitioner submitted a reply to the said show cause notice asserting that
there was no fraud, misrepresentation or concealment of facts on his
part in regard to the promotion granted on the post of SI and, as such,
the benefit of promotion granted on the post of SI could not be
withdrawn nor could his pay be refixed. However, respondent No.3,
vide order dated 23.07.2018 (Annexure P-4), withdrew the promotion
granted to the petitioner as SI and refixed his seniority at the rank of
ASI. A perusal of the order dated 23.07.2018 (Annexure P-4) would
show that no recovery of pay was ordered, considering that the
petitioner had actually worked on the post of SI. Aggrieved by the said
order dated 23.07.2018 (Annexure P-4), the petitioner has approached
this Court by way of the present writ petition.
3. Learned counsel appearing for the petitioner submits that
the promotion granted to the petitioner on the post of SI, on the basis of
CWP-22594-2018(O&M)
reservation, was not obtained by any fraud, misrepresentation, or
concealment of facts. He submits that the respondents themselves
applied the reservation policy and promoted the petitioner on the post
of SI accordingly. He further submits that as there was no fault on the
part of the petitioner, the benefit of promotion granted to the petitioner
of SI could not have been withdrawn, nor could his pay be refixed at
the rank of ASI.
4. On the other hand, learned State counsel submits that the
petitioner was inadvertently promoted to the post of SI on the basis of
reservation, despite there being no provision for reservation at the level
of post of SI. He further submits that no employee can derive benefit
from a mistake, and therefore, the action of the Department in
withdrawing the promotion and refixing the pay of the petitioner at the
rank of ASI is legal and justified.
5. I have heard learned counsel for the parties at length and
perused the paper-book along with records.
6. The only issue involved in the present writ petition is
whether, after the petitioner has voluntarily retired from service, the
respondents can withdraw the benefit of promotion granted to him of
the post of SI on the basis of reservation and also refix his pay at the
rank of ASI.
7. A perusal of the facts of the case would show that the
petitioner has voluntarily retired from service on 31.12.2013. Show
cause notice seeking to withdraw the benefit of promotion was issued
to the petitioner on 05.02.2018 (Annexure P-1), i.e., after a lapse of
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more than four years from the date of his retirement. Vide order dated
23.07.2018 (Annexure P-4), the benefit of promotion granted to the
petitioner has been withdrawn and seniority along with pay has been
refixed. It is well settled law that upon retirement, the relationship of
master and servant between the employer and employee comes to an
end. Once an employee has ceased to hold any post, the question of
withdrawing the promotion does not arise. In the present case, it is not
the stand of the respondents that the petitioner obtained the promotion
to the post of SI by way of fraud, misrepresentation or concealment of
facts. Furthermore, no statutory provision or rule has been brought to
the notice of this Court which permits withdrawal of promotion from
an employee after retirement.
8. Taking into consideration the aforesaid facts and
circumstances of the case, the impugned order dated 23.07.2018
(Annexure P-4) cannot be sustained in the eyes of law and is hereby
quashed. The petitioner shall be entitled to pensionary benefits by
treating the petitioner to have been retired from the post of SI.
9. Accordingly, the present writ petition is allowed in the
aforesaid terms.
10. Pending application(s), if any, shall also stand(s) disposed
of.
09.04.2026 (DEEPINDER SINGH NALWA)
d.gulati JUDGE
Whether speaking / reasoned : Yes No
Whether Reportable : Yes No
