OM PRAKASH GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner making a grievance against the order dated May 7, 2000, whereby only the benefit of notional promotion has been granted to him without any monetary and other benefits.

(2.) The petitioner had joined the State of Haryana as a Clerk in the year 1971. In the year 1972, while the petitioner was transferred to Primary Health Centre Kaul, he received a communication asking him to deposit Rs. 406/-. Since the aforesaid recovery was totally without any basis, therefore, the petitioner did not deposit the same. The petitioner states that upon the aforesaid non-deposit, his immediate superiors became annoyed with him. Ultimately, in the ACR of year 1973-74, his integrity was recorded as doubtful. The petitioner was also not allowed to cross the efficiency bar in the year 1977. In the year 1980 a charge sheet was served upon him. While the aforesaid charge sheet was pending, a person junior to the petitioner, namely Jai Bhagwan, was promoted as Assistant on December 5, 1981. The petitioner was ignored for promotion because of the pendency of the departmental proceedings. Ultimately, vide order dated January 7, 1991, the charge sheet against the petitioner was dropped. The aforesaid order dated January 7, 1991 has been appended as Annexure P-2 with the petition.

(3.) Subsequently, vide order dated December 5, 1991, the petitioner was ordered to be provisionally promoted to the post of Assistant. A copy of the promotion order has been appended as Annexure P-3 with the petition. The petitioner made a grievance against the promotion order and claimed that the promotion was to be granted to him from an earlier date i.e. from the date his junior was promoted. Representations were also made by the petitioner for expunging the adverse remarks.