ABHEY RAM CHAHAL Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who had joined service of the Haryana State as Sub-Divisional Engineer, Irrigation Department on 7.8.1970, was given current duty charge of the post of Superintending Engineer on 19.12.1996 and he joined as such on 20.12.1996.

(2.) The grievance of the petitioner is that he was not considered for promotion as Superintending Engineer with effect from the date i.e. 19.12.1996 when current duty charge was given to him or his juniors had been promoted. He made representation and issued demand notice. Then, a final seniority list was circulated and person junior to the petitioner had been promoted w.e.f. 9.1.1996. Petitioner had, however, retired from service on 31.10.1999. He is entitled to be promoted as Superintending Engineer w.e.f. 9.1.1996 the date his juniors were promoted. He was otherwise also entitled to all salary and allowances w.e.f. 20.12.1996 i.e. the date on which he was given current duty charge. The conditions that he will work in his own pay scale while giving him current duty charge of Superintending Engineer were liable to be quashed.

(3.) In the written statement filed on behalf of the State, the facts had been admitted. However, it was averred that petitioner had already retired from service on 31.10.1999; that it had been made specific in the order that he was being given current duty charge and will work in his own pay sale; that even if the person shown junior to the petitioner in the final seniority list had been promoted but they were of different cadre and not that of the petitioner and petitioner could not draw any benefit due to that.