KANWALJEET SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has been promoted on List 'E', vide order dated 5.3.2007 (P-2) with effect from 30.7.2003, passed by the respondents. Accordingly, he stands promoted to the rank of officiating Sub Inspector with effect from the aforementioned date. The petitioner has challenged the order to the extent it stipulates non-payment of arrears for the ante-dated promotion, which are restricted only w.e.f. 20.2.2007.

(2.) Brief facts of the case necessary for disposal of the writ petition are that the petitioner was initially appointed as Assistant Sub Inspector in the Haryana Police in the Ist Battalion H.A.P. at Ambala on 12.7.1999. In July 2003, ASIs of H.A.P., who were junior to the petitioner, were promoted to the rank of Sub Inspector w.e.f. 30.7.2003. It is appropriate to mention that the petitioner was temporarily transferred to Ambala Range, District Panchkula but he was repatriated on 16.6.2006. The case of the petitioner for promotion to the rank of Sub Inspector was not considered probably for the reason that he was temporarily transferred to Ambala Range (Panchkula). He represented to the Inspector General of Police, H.A.P. Madhuban, claiming that as per seniority he was entitled to grant of promotion to the rank of Sub Inspector because persons junior to him were promoted. He had also claimed all consequential benefits. When the claim of the petitioner was not considered, he filed C.W.P. No. 1600 of 2007. The writ petition was disposed of on 1.2.2007 with the directions to the respondents to decide the petitioner's representation. On 8.3.2007, the claim of the petitioner was accepted with the stipulation that he was not to be entitled for the monetary benefits from 30.7.2003, which were to be admissible to him from 20.2.2007.

(3.) In response to the notice of motion having been issued, the respondents have filed the reply by pleading the principle of 'no work no pay'. However, it is not disputed that the petitioner has been granted ante-dated promotion w.e.f. 30.7.2003. Obviously, the aforementioned date is the date of promotion of the juniors of the petitioner.