GIAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner-Gian Singh was posted as a Senior Assistant at Primary Health Centre, Sarhali, District Amritsar. By way of this writ petition, he has assailed the order dated 10th August, 1992 (Annexure P- 7), whereby he was promoted to the post of Senior Assistant in the payscale of Rs. 570-15-600/20-700/25-950/30-100-1080 respectively with effect from 19th March, 1982 notionally. One of the conditions contained in the promotion order was as under :-

(2.) Grievance of the petitioner is that since delay in promotion was caused due to a wrong committed by the official respondents and that there being no fault on his part, he cannot be denied consequential benefits of his promotion, including arrears of pay etc., to which he is entitled with effect from 19th March, 1982, the date on which he was due for promotion. Therefore, by way of present writ petition, quashing of the above said portion of the promotion order (Annexure P-7) has been sought for along with the order dated 29th December, 1992 (Annexure P-8), whereby representation of the petitioner was rejected by the Director, Health and Family Welfare, Punjab. The petitioner has also sought quashing of the order dated 1st June, 1994 (Annexure P-10), whereby it was communicated to him that the Secretary, Health and Family Welfare, Punjab had declined his representation/appeal dated 22.02.1993 vide office Memo. dated 18th March, 1994.

(3.) This writ petition formulates an important question of law to be answered by this Court, which can be noticed as under :