RAMESH CHAND Vs. JAI BHAGWAN SINGH

JUDGEMENT

(1.) The petitioner filed C.W.P.No.202 of 2003 which was allowed by a Division Bench of this Court on December 06, 2004, holding him entitled for the benefit of relaxation granted by the State Government on 17.1.2001 under Rule 38 of the Service Rules. Consequently, the petitioner was held eligible for the post of Tyreman and a direction was issued to the respondents to consider his claim for promotion as such with effect from the date persons junior to him in the Haryana Roadways Jind Depot has been promoted." Alleging non-compliance of the aforesaid order, this contempt petition has been filed.

(2.) In response to the show cause notice, firstly an affidavit was filed by respondent No.1 in which denial of promotion to the petitioner was sought to be justified. However, this Court vide order dated March 07, 2006 held that the respondents were prima facie guilty of violation of the Division Bench judgment referred to above and as such one more opportunity was given to them to comply with these directions. In deference to the aforesaid order, respondent No.1 has now passed an order dated 12.4.2006 vide which the petitioner has been promoted as Tyreman with effect from 1.8.2001 i.e. the date when his junior was promoted. Mr. Sura, learned State counsel on instructions from Prem Chand, Superintendent, who is present in Court, states that the consequential benefits, namely, arrears of pay have also been paid to the petitioner by depositing the same in his account.

(3.) Learned counsel for the petitioner, however, states that the petitioner is entitled to be promoted from a date prior to 1.8.2001. Having regard to the fact that the respondents have apparently complied with the judgment of this Court, no further action is required to be taken in these proceedings which are accordingly dropped with liberty to the petitioner to seek any other relief, if so advised. Rule discharged.