IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CASE NO.: CWP No.1384 of 2009
DATE OF DECISION : January 30,2009
Union of India and another .......Petitioners
Versus
Hem Raj and another
......Respondents
CORAM : HON'BLE MR. JUSTICE MEHTAB S. GILL
HON'BLE MS. JUSTICE NIRMALJIT KAUR.
PRESENT: Mr. R.K. Chugh, Advocate
for the petitioners.
NIRMALJIT KAUR, J.
The respondent was promoted as Poultry Inspector w.e.f.
18-03-1974, in Punjab Pay Scale. However, the financial benefits were
restricted from 05-06-1982, vide order dated 28-04-2004. Further pay was
to be fixed in Central Pay Scale. The respondent represented to the
petitioners but to no avail. He was forced to file the present O.A. No.
241/CH/2006 to grant him promotion w.e.f. 18-03-1974, which actually
stood allowed on 28-04-2004. He is, accordingly, entitled to arrears by way
of fixation of pay in Punjab Pay Scales w.e.f. 18-03-1974. However, the
same was denied to him. The O.A. was allowed by holding that it is not in
dispute that High Court had held the applicant to be entitled to promotion
w.e.f. 18-03-1974 and it was further not in dispute that the actual date of
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appointment as Poultry Inspector was 18-03-1974 and that one of
the reason why the applicant was denied promotion to the post of Assistant
Manager was that he was on deputation during the relevant period. The
deputation of a person would not make any difference if he is to be given
promotion on performance basis even in the department where he is on
deputation basis if he is entitled to promotion in his parent department.
The only argument raised while challenging the order of the
Central Administrative Tribunal is that the respondent had not worked on
the post and, therefore, his pay was notionally fixed w.e.f. 18-03-1974 and
actual benefits were granted to him from the date he was promoted to the
post of Assistant Manager i.e. 05-06-1982. He was given notional
promotion in compliance with the Court case judgment. He cannot claim
seniority over Swinder Singh.
However, we find no merit in the arguments raised by learned
counsel for the petitioner-Union of Inida.
This point was specifically dealt with by the Central
Administrative Tribunal, wherein finding is recorded that as per the
instructions of Department of Personnel & Training (DOPT), when
appointment by way of promotion and direct recruitment is made, quota
system is followed in which the first point goes to the promotee and the
respondent herein being promotee appears to be entitled to first point and,
therefore, should have been placed senior to Swinder Singh as per the
relevant rules and instructions. Learned counsel for the petitioners has not
been able to dispute the same. It is also not denied that he was allowed
promotion w.e.f. 18-03-1974. Thus, he cannot be denied benefits
of pay and allowances for the period for which he was wrongly not
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promoted.
No other argument was raised.
The writ petition is, accordingly, dismissed being devoid of
merit.
(NIRMALJIT KAUR)
JUDGE
(MEHTAB S. GILL)
JUDGE
January 30, 2009
gurpreet
