HAWA SINGH DESWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who was working as a master in Middle School, Gangoli, Distt Jind, was promoted as Headmaster by the order of the Financial Commissioner and Secretary, Government of Haryana, Education Department, Chandigarh, dated 20.1.1994, endorsed on 24.1.1994 and posted at Government High School, Gangana, Distt Sonepat (copy annexure P-1 with the writ petition). This order did not reach the petitioner till 31.1.1994 when, on attaining the age of superannuation, he retired from Government service. In the order, annexure P-1, the petitioner's place of earlier posting as Master is given as Government High School, Bhambewa, District Jind, where-as, in fact, he was working as a Master in Middle School at Gangoli, as observed above. According to the petitioner, this order of promotion was sent at a wrong address at Bhambewa instead of Gangoli and that is why the petitioner did not receive the order and could not take over at Gangana as Headmaster before his retirement on 31.1.1994. In fact, according to the learned counsel for the petitioner, the order was received by the petitioner on 14.2.1994 after his retirement.

(2.) The prayer made in the writ petition is that the petitioner should be deemed to have been actually given promotion with effect from 24.1.1994 for all intents and purposes and all consequential benefits should flow to him as if he had joined as Headmaster on 24.1.1994. The Counsel submitted that it was for no fault of the petitioner that he could not join at his new place of posting as Headmaster.

(3.) On the other hand, case of the respondents is that since the petitioner had not worked as Headmaster, he cannot be allowed any benefit of his promotion which was ordered on 20/24.1.1994.