RAMESHWAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was promoted as S.S. Master from the post of J.B.T. Teacher with effect from June 1983 vide order dated 12.1.1999 (Annexure P-1). He was, however, denied the claim for the arrears of salary etc. on account of his retrospective promotion. The present writ petition is directed against the denial of the arrears.

(2.) In the reply, the stand of the respondents is that a duty was cast on the petitioner himself to ensure that his case was forwarded for promotion as S.S. Master from J.B.T Teacher and as the petitioner had not been able to do so, he himself was responsible for the delay. The fact that the juniors to the petitioner have been promoted since 1983 has not been denied.

(3.) We have heard the learned counsel for the parties and carefully gone through the record. We find absolutely no force in the stand of the respondents that it was the petitioner who should have initiated his claim for promotion. On the contrary, it was the duty of the respondent Department to consider his claim with effect from 29.6.1983, the date when the juniors of the petitioner had been promoted. The respondents have denied the arrears to the petitioner on the ground that he did not work as a S.S. Master upto 14.7.1992. We are of the opinion that the petitioner cannot be penalised for the fault or inaction on the part of the respondents.