PARSHADI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner, Parshadi Lal, in the present writ petition filed under Articles 226/227 of the Constitution of India, seeks issuance of a writ in the nature of certiorari to delete from the order Annexure P-1 the direction regarding non-payment of arrears of salary. He further seeks direction to issue to the respondents to release arrears of salary due to him from 21.7.1968 to 11.5.1971. The facts, on which the relief aforesaid, has been claimed, need to be noticed briefly.

(2.) The petitioner joined service as patwari revenue in Gurgaon District and was appointed as Kanungo Consolidation on 1.4.1951. Later on, he was entrusted with the job of Assistant Consolidation Officer in officiating capacity. He was later posted against the substantive vacancy of Assistant Consolidation Officer, on which post he worked from 1958 to 28.2.1966. Vide order dated 28th February, 1966 he was reverted, whereas persons junior to him were allowed to continue. The names of some junior persons mentioned in para 3 of the writ petition are Badam Singh and Gulab Singh. The aforesaid two persons were promoted for the first time as Assistant Consolidation Officers only on 1.10.1964. On re-organisation, the petitioner was allocated to the State of Haryana and was later on re-promoted as Assistant Consolidation Officer. However, he was reverted in October 1967, while his junior Har Sarup was continuing as Assistant Consolidation Officer. On 1.4.1968, on winding up of Consolidation Department, the petitioner was absorbed in the Settlement Department. He was only absorbed as a Kanungo, whereas persons far juniors to him were appointed as Naib Tehsildars in the Settlement, Revenue and other departments. Aggrieved against the order, the petitioner made various representations against the injustice meted out to him. Finding no response to the representations he then filed a Civil Writ Petition No. 1503 of 1969. The same was disposed of as infructuous on the statement given by the Advocate General that the representation was considered and rejected. Against the order of rejection aforesaid, the petitioner filed another Civil Writ Petition No. 2506 of 1969. The same was accepted and a direction was issued to the respondent to work out the inter-se seniority of the petitioner amongst the Kanungos of the Consolidation and Revenue Departments and that his seniority be fixed within a period of four months. However, in the meanwhile the petitioner was promoted as Assistant Consolidation Officer but the seniority was not fixed as was required to be done by virtue of the order passed by this Court in the writ petition mentioned above. On the other hand, he was reverted again on 25.7.1972. This led the petitioner of file Civil Writ Petition No. 2545 of 1972. A direction was issued on 17.11.1972 to the Government not to revert the petitioner till the decision of the inter-se seniority was arrived at. This decision was to be taken with regard to the petitioner and two affected persons namely Karan Singh and Gurdial Kishan. In pursuance of the direction aforesaid, the inter-se seniority of the officials was re-examined by the department and a provisional order was passed by the Director, Consolidation of Holdings, Haryana on 2.4.1973, fixing the inter-se seniority of Kanungoes. Objections were invited and after considering the same, final seniority list was prepared wherein the petitioner was placed at Sr. No. 2. It was held in the aforesaid order that actually the petitioner worked on the post of Kanungo for the period from 9.3.1970 to 11.5.1971 and for one day on 12.2.1972 and thereafter he was deemed to have held the post of Assistant Consolidation Officer and thus is entitled for arrears of pay i.e. differences of pay and allowances of the post of Assistant Consolidation Officer and the post of Kanungo for the period aforesaid. The petitioner who was not satisfied by the benefit of promotion being granted to his juniors while denying it to him, filed representations so as to re-examine the matter. While dealing with the matter aforesaid, it was found that one Gurdial Kishan who had been declared junior to the petitioner should not have been promoted and that the petitioner should have been promoted w.e.f. 21.7.1968. The order dated 28.1.1976 was modified to the extent and the petitioner was promoted to the post w.e.f. 21.7.1968. Inasmuch as there was no post of Consolidation Officer available for the relevant period against which the petitioner could have been adjusted and given the arrears of salary, so an additional post was sought to be created for the purpose. The matter, thus, came to the officers Committee for consideration which passed the following order a part of which is impugned in the present writ petition :-