DHANPATI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The plaintiff-appellant (hereinafter referred as 'the plaintiff') on the death of her husband Baldev Singh, an Ex-Inspector, Cooperative Societies, Haryana has sought declaration to the effect that Baldev Singh was entitled to seek his promotion on the basis of the judgment passed by this Court on 12.10.1976 in Civil Writ Petition No.1509 of 1971 and she being his wife was entitled to enhanced pension, gratuity and other arrears as admissible to him on the next grade promotion w.e.f. 01.09.1963 instead of 07.09.1971, when he was eventually promoted.

(2.) The point raised by the plaintiff for claiming promotion w.e.f. 01.09.1963 is that "since Baldev Singh was allowed to cross the efficiency bar, then why he could not be promoted -

(3.) The case of the defendants-respondents (hereinafter referred as 'the defendants') is that the case of Baldev Singh was considered, but he was not fit and suitable for promotion, therefore, he was not granted promotion from the said date. It was also submitted that even after the orders on the civil writ petition, his case regarding promotion was considered and vide detailed order, he was considered not fit for promotion from the back date. The criteria for allowing the efficiency bar and promotion are quite different. As at the time of considering the case of efficiency bar, his performance on the post is considered, but at the time of consideration regarding promotion, over all record of the employee, his ACRs, work and conduct, the enquiries and penalties are considered. Since Baldev Singh was not found fit for promotion from the date of crossing of the efficiency bar, therefore, the plaintiff was not entitled to the enhanced arrears of pay or pension. The plaintiff was informed about the fate of representations made by her husband vide letter dated 03.10.1989.