SAROJ BALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition was originally filed by Ashok Kumar (deceased-petitioner) who died on 9.8.1991 i.e. the very next month of the filing of the petition. The wife of the petitioner get herself added as a petitioner in place of her husband. The deceased-petitioner had prayed for the relief of promotion from the date his juniors were promoted, and the prayed for arrears of increment which were not paid to him. The wife of the petitioner by the amendment has also prayed for consideration of promotion of her husband from the date his juniors were promoted, arrears of increments to which the deceased was entitled and the pension and gratuity benefits to which her husband was entitled to. She has also asked for relief of compassionate appointment.

(2.) Counsel for the petitioner argued that the deceased petitioner was appointed as a helper at Sonepat in the department of Haryana Roadways. Then he was transferred to Yamuna Nagar and has worked at sub Depot at Naraingarh. In 1983 he was sent to Faridabad. After Faridabad he was sent to some other places also but his seniority is maintained at Faridabad Depot. Learned counsel for the petitioner argued that in 1983 the petitioner was at serial No. 4 in the seniority list. She also contends that the private respondents (deleted later on) were juniors to the deceased-petitioner and were promoted but the deceased-petitioner was not promoted. She further stated that the names of private respondents were deleted from the array of respondents after the death of deceased-petitioner. The deceased-petitioner and the petitioner has contended that all the helpers junior to the petitioner have been promoted and the deceased-petitioner has been throughout working to the full satisfaction of the authorities and no adverse remarks were ever given to him nor was he awarded any punishment and, therefore, he was entitled to promotion on the basis of seniority. It is also contended that the deceased-petitioner was not given any increment from the date he joined service. These contentions are in para 22(A) and 22(B) of the writ petition.

(3.) Written statement has been filed by the respondents. So far as Para 22(B) is concerned, there is no reply in the written statement from the side of the respondents. However, regarding the allegations in para 22(A) of the petition, it has been contended as under :