IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 20.02.2025 Naresh Kumar ...Petitioner VERSUS State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Ram Darshan Yadav, Advocate for the petitioner(s).

*****

VINOD S. BHARDWAJ, J. (Oral)

1. Challenging the order dated 22.08.2024 vide which the claim of the petitioner for promotion to the post of Superintendent w.e.f. 21.06.2010 alongwith other consequential benefits has been declined and praying that promotion be granted to the petitioner with effect from the date when his juniors have been promoted.

2. Learned counsel appearing on behalf of the petitioner contends that father of the petitioner was working with the respondent-department when he expired on 01.08.1988, while in service. After obtaining sanction from the Chief Secretary on 15.01.1990, the petitioner was offered appointment whereupon he joined the respondent-department on 08.05.1990. The petitioner was later promoted as an Accountant on 27.10.2008. He has been performing his duties very honestly and diligently to the complete satisfaction of the superiors. He submits that one-Sh. Ratti Bhan Chopra, who belongs to the reserved category, was also appointed and had joined as Clerk in the Department on 21.05.1990 i.e. after the appointment of the petitioner and he was promoted to the post of Accountant on 25.11.1998 against reservation. The respondent-Department issued final (amended) seniority/gradation list of Clerks/Accountant/Information Centre Assistant (District Cadre) as per the instructions issued by the Chief Secretary, Haryana vide letter dated 20.02.2013, as on 01.04.2016 wherein the name of the petitioner was mentioned at Sr. No.10 alongwith his date of entry into Government service as 08.05.1990 whereas name of Sh. Ratti Bhan Chopra was mentioned at Sr. No.11 being junior to the petitioner. Accelerated promotion was granted to Sh. Ratti Bhan Chopra since he belonged to a reserved category and he was later promoted to the post of Superintendent on 21.06.2010 against reserve roster point.

3. Learned counsel appearing on behalf of the petitioner contends that Sh. Ratti Bhan Chopra cannot be granted accelerated seniority over and above the petitioner and that on being promoted to the post of Accountant, the petitioner was to be placed above Sh. Ratti Bhan Chopra. He further contends that the issue as regards scale of pay to be commensurate with the seniority came up before this Court in CWP-5956-2008 titled as ‘Charan Dass vs. State of Haryana’, which was decided in favour of the petitioner therein vide judgment dated 18.11.2008. In compliance thereto, the State of Haryana issued instructions dated 05.03.2009 and 23.11.2009 for stepping up of pay of senior general category employees at par with the junior counter-parts of reserved category and decided to give the benefit of stepping up of pay to the general category employees. He submits that notwithstanding the petitioner being senior to Sh. Ratti Bhan Chopra, he was however, promoted to the post of Accountant on 27.10.2008 and that as per the catch-up Rule, he was required to be given his seniority above Sh. Ratti Bhan Chopra and thereafter to be promoted to the post of Superintendent. He also claimed that the arrears of enhanced pay w.e.f. 25.11.1998 i.e. the date when Sh. Ratti Bhan Chopra was promoted to the post of Accountant be also released to him. Since no action was taken by the respondent(s) on the claim raised by the petitioner, CWP-7422-2016 was filed before this Court, which was disposed of vide order dated 25.04.2016 directing the respondents to take a decision on the legal notice dated 26.11.2015 served by the petitioner. 4. In compliance thereto, the respondent-Department rejected the prayer of the petitioner by relying on the instruction dated 18.12.2013 holding that any official cannot claim seniority towards further promotion merely on the basis of stepping up of his pay which