OM PARKASH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE challenge in the present writ petition is to the impugned condition mentioned in the promotion order dated 23.12.2011 (Annexure P -3) and as well as the rejection order dated 12.12.2013 (Annexure P -7), vide which the claim of the petitioner for arrears of pay on promotion as Inspector w.e.f. 26.5.2005 to 23.12.2011 had been rejected.

(2.) MR . V.D. Sharma, learned counsel appearing for the petitioner submits that the said claim has illegally and erroneously been withheld by not noticing the provisions of sub -rule (2) of Rule 7.3 of the Punjab Civil Services Rules, Vol -I, Part -I (for short "the Rules"). He further submits that vide Annexure P -3, the petitioner had been promoted as Inspector w.e.f. 26.5.2005 when his junior has been promoted with a rider that he will not be entitled to claim any arrears. The relevant portion of the order is reproduced herein below: -

(3.) MR . Hitesh Pandit, learned Addl.A.G. Haryana, appearing for the State submits that since the petitioner had not worked from 26.5.2005 to 23.12.2011, he is not entitled to arrears as there was a clear cut condition imposed in the order of promotion and, therefore, the petitioner is estopped from claiming the arrears. He further submitted that the petitioner was found guilty in FIR No. 444 dated 28.12.1995, in which he was awarded imprisonment of two years and fine of Rs. 5,000/ - vide judgment dated 8.7.2004. However, the appeal filed by the petitioner was accepted and he was acquitted by the Addl. Sessions Judge, Kaithal. He further submitted that the pay of the petitioner was notionally fixed from the date of deemed promotion upto the date of his joining as Inspector.