High Court Punjab-Haryana High Court

Gurmit Kumar vs State Of Punjab & Others on 18 December, 2008

Punjab-Haryana High Court
Gurmit Kumar vs State Of Punjab & Others on 18 December, 2008
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