JUDGMENT

Mr. Harsimran Singh Sethi, J. (Oral)

CM-12389-CWP-2023

Present application has been filed for recalling the order dated 24.07.2023 by which, the writ petition was dismissed for want of prosecution with liberty to the legal heirs of the petitioner to revive the petition by filing an appropriate application.

2. Keeping in view the fact that the application is filed by the legal heirs for the revival of the present petition, the order dated 24.07.2023 by which the present petition was dismissed for want of prosecution, is recalled and the petition is restored to its original number and status.

CM-12392-CWP-2023

3. Present application has been filed for impleading legal representative of the petitioner, who unfortunately died on 12.06.2021, during the pendency of the writ petition.

4. Notice of the application to learned counsel for the respondents.

5. Mr. Harish Nain, learned Assistant Advocate General, Haryana, accepts notice on behalf of the respondent-State. He raises no objection for the grant of prayer as raised in the present application.

6. Keeping in view the averments made in the application, which are duly supported by an affidavit, present application is allowed. The only legal heir i.e. Phooli Devi widow of the petitioner, is allowed to be impleaded in the present writ petition and the amended memo of parties attached with the present application is taken on record.

7. CM stands allowed.

CWP-20580 of 2015

8. Learned counsel for the petitioner submits that the claim of the petitioner for the grant of stepping up of his pay equivalent to the employee, who was junior to him, has been declined by the impugned order dated 02.07.2015 (Annexure P-6) by stating that the said junior employee, namely, Mastan Singh was not working in the cadre of the petitioner, whereas subsequent to the passing of the impugned order, the respondents themselves have granted the same benefit of stepping up of pay to the various Clerks including one Sunder Singh equivalent to that of Mastan Singh and the writ petition filed by the similarly situated employee, namely, Sunder Singh, who had filed CWP No. 25348 of 2016 has been rendered in fructuous.

9. As per the averments made in the petition, the petitioner joined as a Clerk on regular basis on 09.12.1981. He, thereafter promoted as Assistant-cum-Accountant-cum-Junior Auditor w.e.f. 03.04.2007 and ultimately, retired from the said post on attaining the age of superannuation on 30.04.2014. As per the averments made in this petition, the petitioner was senior to one Mastan Singh, who was promoted to the post of Assistant-cum-Accountant-cum-Junior Auditor w.e.f. 27.10.1993 by giving him the benefit of reservation, hence, as the petitioner was able to catch said Mastan Singh in the cadre of Assistant before his retirement, he became senior to him keeping in view the judgment of Hon'ble Supreme Court of India in Ajit Singh Januja and others v. State of Punjab and others, 1996 (2) SCC 715, hence, the petitioner was entitled for the salary equivalent to his junior with effect from the date, the petitioner caught Sh. Mastan Singh in the higher cadre of Assistant.

10. Learned counsel for the petitioner submits that Mastan Singh had not only superseded the petitioner but had superseded various other employees and keeping in view the judgment of Ajit Singh's case (supra), all the juniors were granted the benefit. Learned counsel submits that one such order was passed on 03.05.2013 granting benefit to v