NIRMAL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) - The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari quashing the impugned order/letter dated 24.9.2013 (Annexure P-5), vide which, the petitioner has not been promoted as Panchayat Officer and also denied pension and other pensionary benefits only on the ground that he had already retired and cannot be given benefit of promotion.

(2.) A further prayer has also been made for issuing directions to the respondents to implement order dated 2.9.2008, whereby, the petitioner has been promoted as Panchayat Officer and to grant him deemed promotion as Panchayat Officer as vacancy was lying vacant when his case for promotion was considered.

(3.) Briefly, the facts of the case as made out in the present petition are that the petitioner was initially appointed as Panchayat Secretary on 20.8.1974 and joined on 23.8.1974 at Panchayat Samiti, Nadala, District Kapurthala and retired on 30.6.2008. Thereafter he was promoted as Panchayat Officer on 2.9.2008 but the said order was not implemented on the ground that he had already retired on 30.6.2008. An information was sought by the petitioner under RTI regarding his ACRs/Bench Marks, which were considered at the time of promotion and according to the information supplied under RTI, the petitioner has achieved 15 bench marks, whereas, only 12 bench Marks were required for promotion.