IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO.: CWP No.10275 of 2008
DATE OF DECISION: December 18, 2008
GURMIT KUMAR ...PETITIONER
VERSUS
STATE OF PUNJAB & OTHERS ...RESPONDENTS
CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.
HON’BLE MR. JUSTICE RAJAN GUPTA.
PRESENT: MR. N.D. KALRA, ADVOCATE FOR THE PETITIONER.
MS. CHARU TULI, SR.DAG, PUNJAB.
ASHUTOSH MOHUNTA, J.(ORAL)
The petitioner applied for the post of Master in pursuance to
advertisement dated 12.1.1996. The petitioner has been selected and
appointed, however, he has not been assigned his seniority as per the merit
list declared by the recruiting agency, as also his pay has not been fixed
from the date his juniors were appointed.
Similarly situated persons filed CWP No.19832 of 2003 which
has been allowed vide judgement (Annexure P-1) dated July 9, 2004 in
which directions have been issued to the respondents to refix the pay and
seniority of the petitioner.
The petitioned filed representation (Annexure P-3) before the
respondents to grant him the benefit as S.S. Master from 1997 when his
juniors were appointed. This application has been rejected vide impugned
order Annexure P-4 on the ground that the benefits can only be given to the
persons who had filed writ petitions in this Court and not to the petitioner
who did not approach this Court.
CWP No.10275 of 2008 -2-
In our considered opinion, this approach of the respondents is
absolutely erroneous as the petitioner is entitled to the same relief as has
been granted to his juniors.
In view of the above, we allow the writ petition in the same
terms as CWP No.19832 of 2003, Charan Dass Sharma vs. State of Punjab
and others decided on July 9, 2004. The benefits as prayed for by the
petitioner be granted to him in terms of the aforementioned judgement
within a period of six months from the date of receipt of certified copy of
this order.
(ASHUTOSH MOHUNTA)
JUDGE
December 18, 2008 (RAJAN GUPTA)
Gulati JUDGE