MEWA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) he petitioner Mewa Ram promoted as Assistant Welder in the office of General Manager, Haryana Roadways, Kurukshetra, by virtue of Annexure P-5 dated 3.3.1994 is seeking its quashment on the ground that he is entitled to promotion with effect from 25.1.1993 when his junior, respondent No. 3 (Bhola Ram) was promoted. He further seeks the issuance of a writ of mandamus directing respondent Nos. 1 and 2 to promote him as Assistant Weider with effect from 25.1.1993 when his junior has been promoted.

(2.) The pleas raised in the writ petition are that respondent No. 3 who is junior to him was appointed as Helper (Welder) on 7.11.1990 and the petitioner was appointed as Helper (Welder) on 25.10.1988. The petitioner was charge-sheeted by the authorities and, on enquiry, was found innocent and, as such., the enquiry against him was dropped. In consequence thereof, he was promoted by Annexure P-5 on 3.3.1994 while his junior Bhola Ram was promoted on 25.1.1993. Once the petitioner has been exonerated and found innocent, he was,, therefore, entitled to promotion from the date his junior (respondent No. 3) has been promoted.

(3.) During the pendency of this writ petition, the representation of the petitioner was considered by the competent authority, i.e., General Manager, Haryana Roadways, Kurukshetra, and the petitioner was deemed to have assumed the promotion of the post with effect from 25.1.1993 and was made entided to all the benefits of seniority as Assistant Welder from 25.1.1993 and was entitled to benefits of pay from the date of his joining as Assistant Welder, i.e. from 3.3.1994. Therefore, no pay was paid to him from 25.1.1993 to 3.3.1994 on this post.