BIR SINGH KADIAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) ARE the petitioners who have been granted promotion vide order dated November 30, 1992, with retrospective effect entitled to the relixation of their pay, pension, gratuity and the payment of the arrears of salary etc? This is the short question that arises for consideration in this case.

(2.) THE petitioners had initially joined service as Junior Engineers. They were ordered to be promoted to the posts of Suh Divisional Engi-neers on January 28, 1982. However on account of litigation mat ensued, orders of posting were not issued. As a result, the petitioners could not work on the higher posts.

(3.) THE litigative process finally ended on November 11, 1992 when their Lordship of the Supreme Court gave certain directions in petitions arising out of Civil Appeal No. 3837 of 1991 ). Thereafter, the State of Haryana issued an order dated November 30, 1992, by which various persons including the petitioners were promoted retrospectively with effect from various dates. However, in this order it was inter alia mentioned that "the officers who have been given earlier deemed dates of promotion will not be paid any arrears of pay and allowance," The petitioners are aggrieved by this stipulation in the order.