DIDAR SINGH Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) The petitioner who retired from the Food, Civil Supplies and Consumer Affairs Department has filed the instant writ petition impugning the condition contained in the promotion order dated 19.03.2009 (Annexure P-7), whereby it has been stipulated that he shall not be entitled to the financial benefits in pursuance to the grant of retrospective promotion to the post of District Food and Supplies Officer w.e.f. 24.07.2001. Further prayer is for the issuance of a writ of mandamus for directing the respondents to consider his claim and grant promotion to the petitioner to the post of District Food and Supplies Officer and District Food Supplies Controller w.e.f. the date his junior was so promoted.

(2.) Brief facts of the case are that while the petitioner was serving as Assistant Food and Supplies Officer, a charge sheet dated 12.02.1987 was served upon him. Even though, the petitioner denied the charges, yet a regular departmental inquiry was held and a penalty of reduction to basic pay of Assistant Food Supplies Officer permanently with increment after one year of the order was imposed vide order dated 19.12.1990 at Annexure P-1. Petitioner preferred a statutory appeal against the order dated 19.12.1990 and the same was partly accepted and vide order dated 12.02.1992 (Annexure P-2), the penalty was reduced to reduction of the basic pay to the minimum for four years during which period he was not to earn any increment of pay and after the expiry of period of four years, it was ordered that reduction would not have the effect of postponing future increments.

(3.) The petitioner filed CWP No. 7163 of 1992 impugning the orders dated 19.12.1990 (Annexure P-1) and 12.02.1992 (Annexure P-2). Vide judgment dated 21.11.2007 rendered by this Court at Annexure P-3, the impugned orders of penalty at Annexures P-1 & P-2 were quashed and the petitioner was held entitled to all consequential benefits as admissible under rules. However, during the pendency of the aforenoticed writ petition, petitioner retired on 30.09.2002 while holding the post of Assistant Food and Supplies Officer.