INDRAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE question mooted in this writ petition is whether an employee who has been promoted with retrospective effect is entitled to the benefit of arrears from the date he was promoted.

(2.) CASE of the petitioner is that he was working as Clerk in the Agriculture Department, Haryana. A person junior to him was promoted as Accountant with effect from 6.6.1978 ignoring the seniority of the petitioner. The petitioner filed a representation against this action of the respondents. After quite a long time, the respondents accepted the representation of the petitioner and promoted him to the post of Accountant vide order dated 8.2.1995, (copy Annexure P -1) from the date ;he person junior to him was promoted, i.e. 16.6.1978. Order Annexure P -1, however, carried a rider "The arrears from 16.6.1978 upto the date of joining as Accountant will not be given." The petitioner in consequence upon his promotion joined the post of Accountant on 14.2.1995. A copy of joining report of the petitioner has been placed on record as Annexure P -2. After joining his duties as Accountant, the petitioner made representations (copies Annexures P -3 and P -4) demanding payment 'of arrears from 16.6.1978 to 13.2.1995. These representations were considered and rejected by the respondents vide letter dated 12.12.1995. The petitioner did not keep silent over the issue of payment of arrears and again made a representation, copy Annexure P -6 demanding the same relief. He specifically requested that reasons for rejecting his representations may be intimated to him. This representation as well, met with the same fate and was rejected by order dated 9.2.1996, Annexure P -7. Still another representation, Annexure P -8 made by the petitioner also did not bring any fruit and was rejected by order dated 5.4.1996, Annexure P -9 on the ground "the official has not worked on the post of Accountant during the said period hence, he cannot be paid arrears of the post of Accountant for this period." This led the petitioner to serve a legal notice on the respondents wherein he requested for payment of arrears for the aforesaid period along with interest at the rate of 12% per annum. A copy of legal notice has been attached with the petition as Annexure P -10. Petitioner's another representation, Annexure P -) 1 seeking the same relief was also rejected by the respondents by order dated 6.2.1998. Annexure P -12. Being dismayed with the outcome of his requests, the petitioner has now filed this petition seeing quashment of the condition imposed regarding denial of arrears as contained in his promotion order Annexure P -1, on the grounds of it being arbitrary and violative of Articles 14 and 16 of the Constitution of India.

(3.) WE have heard learned counsel for their parties and considered the rival contentions of the parties.