KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed for issuance of a writ of certiorari quashing the impugned order Annexure P3 vide which the claim of the petitioner for promotion on the post of Sub Divisional Officer with effect from the date his junior Zile Singh was promoted has been rejected and further a writ of mandamus directing the respondents to promote the petitioner as Sub Divisional Officer with effect from the date his junior Zile Singh was promoted and pay all consequential benefits with interest at the rate of 12% per annum as directed by this Court while disposing of the earlier petition (CWP 10548 of 1993) filed by the petitioner decided on 23.11.1995.

(2.) Petitioner was appointed as Apprentice Sectional Officer in the Irrigation Department of Haryana on 31.5.1961, for a period of three months. After successful completion of the training period, he was absorbed in the department on regular basis as Sectional Officer from 8.9.1961. He was transferred to Rori Division, Sirsa, as Sectional Officer on 1.5.1971 and remained there upto 17.4.1972. Subsequently, petitioner was transferred from Rori Division to Augmentation Division at Karnal of Ambala Circle. The personal file and service book of the petitioner were not sent which resulted in non-addition of annual increments in the basic pay of the petitioner from 1972 onwards. Petitioner made a number of representations to the Executive Engineer, Sirsa Division, Sirsa to send his personal file and service book. Inter-departmental communications continued but service book of the petitioner was not traced. As the service book of the petitioner was not traced or reconstructed, petitioner was denied the annual increments since the year 1972 and further denial of pay fixation etc. In the absence of his service book, he was ignored for promotion to the next higher post. His junior Zile Singh was promoted. Having failed to get justice from executive authorities, petitioner filed CWP 10548 of 1993 seeking a writ of mandamus directing the respondents to reconstruct his service book and pay all consequential reliefs and arrears of pay with effect from 17.4.1972 along with interest at the rate of 18% per annum and also to give him promotion from December 1979 on the post of Sub Divisional Officer when his junior Zile Singh was promoted. A learned Single Judge of this Court recorded a finding that due to negligence of the departmental authorities to trace out/reconstruct the service book, petitioner suffered grave injustice for a period of 23 years as he was denied increments, pay fixation and promotion whenever the same became due. The writ petition was disposed of by issuing the following directions :-

(3.) Respondents submitted in the contempt petition that orders of this Court have been implemented qua fixing of the arrears on account of increments and pay fixation and his case for giving promotion with effect from the date his junior was promoted was under consideration. Impugned order Annexure P3 has been passed denying promotion to the petitioner with effect from the date his junior Zile Singh was promoted on the ground that the government prepared a ranking list upto 1992 in which both Zile Singh and Kartar Singh did not find place. Government was considering the case of reversion of all such Sub-Divisional Officers as their promotion was not in accordance with rules and seniority. Zile Singh was ordered to be reverted against which he filed CWP 5313 of 1993. This writ petition was accepted by this Court on 23.11.1995. Order of reversion of Zile Singh was quashed. As a result thereof Zile Singh who is junior to the petitioner continued to be Sub Divisional Officer/Sub Divisional Engineer. Stand taken by the respondents was that promotion of Zile Singh was being withdrawn and, therefore, the petitioner was not entitled to the post of Sub Divisional Engineer.