IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NAMIT KUMAR, J.
Karnail Singh – Appellant
Versus
State of Punjab and Others – Respondents
CWP No. 4102-2026
Decided On : 12-02-2026
JUDGMENT :
NAMIT KUMAR, J.
1. The petitioner has invoked the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking issuance of a writ of mandamus, directing the respondents to treat the petitioner as promoted to a still higher post, over and above Superintendent Grade-I, as a necessary consequence as per order dated 16.04.2012 (Annexure P-3) passed by this Court in CWP No. 4129-1990 (Karnail Singh, Assistant, Deputy Commissioner’s Office Faridkot Vs. State of Punjab through Secretary to Government, Punjab Revenue Department, Chandigarh and others) and to increase pecuniary benefits insofar as they are relevant for the computation of the terminal benefits only, and to fix the pay/salary of the petitioner to the post of Superintendent Grade-I w.e.f. 04.11.1982 along with all consequential benefits including difference of arrears after revision of pay and pension and to release the arrears with interest @ 12% per annum.
2. Brief facts, as have been pleaded in the petition, are that while working as an Assistant in the D.C. Office, Faridkot, the petitioner was promoted to the post of Superintendent Grade-IV, w.e.f. 24.03.1981 and Superintendent Grade-II on adhoc basis w.e.f. 04.11.1982 and the adhoc period of promotion was extended for six months more, vide order dated 19.05.1983 (Annexure P-1) issued by respondent No.3. On promotion to the post of Superintendent Grade-IV, the petitioner was posted at Ferozepur, vide order dated 24.03.1981 issued by respondent No.3. Thereafter, vide order dated 28.10.1987, passed by respondent No.3, the petitioner was reverted to the post of an Assistant without any reason and was posted in the office of Deputy Commissioner, Faridkot. Aggrieved against the said order, the petitioner submitted representation before respondent No.3, which was rejected, vide order dated 08.03.1988, on the ground that the promotion to the post of Assistant Superintendent was to be made amongst the officials only from the same District and the promotion of the petitioner to another District was impermissible. Pursuant to the said order, the petitioner joined the post of Assistant at the office of Deputy Commissioner, Faridkot on 17.11.1989. Thereafter, on 08.09.1993, the petitioner was appointed as Tehsildar and retired as such on 31.10.2007. During his service tenure, the petitioner approached this Court by filing CWP No. 2860 of 1990 and CWP No. 4129 of 1990 (Karnail Singh, Assistant in the office of Deputy Commissioner, Faridkot, Punjab Vs. State of Punjab through Secretary to the Government of Punjab, Department of Revenue at Chandigarh and another) seeking promotion to the post of Tehsildar from the date when his juniors were promoted and quashing the order of reversion from the post of Superintendent Grade-II, respectively. Both the petitions were disposed of by this Court vide order dated 16.04.2012 (Annexure P-3), whereby the reversion order of the petitioner was quashed and the respondent-department was directed to pay the petitioner salary from 11.03.1988 to 16.11.1989 with interest @ 6% per annum from the date when the amount fell due. It was further directed that the petitioner shall be considered as promoted to a still higher post as a necessary consequence to the quashing of the order of reversion. The increase in pecuniary benefits shall be calculated notionally insofar as they are relevant for the computation of the terminal benefits only. The said consideration shall be made and arrears of the terminal benefits shall also be calculated and released to the petitioner within a period of 12 weeks from the date of receipt of copy of the order. During the pendency of the abovesaid writ petitions, a notification dated 30.05.1991 of President of India was issued by the Revenue Department, vide endorsement dated 05.06.1991 (Annexure P- 15) that the post of Superintendent Grade-II in the State of Punjab in the offices of the Deputy Commissioners was upgraded to the Superinten
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