(cid:18)(cid:19)(cid:17)(cid:20)(cid:21)(cid:22)(cid:17)(cid:21)(cid:18)(cid:23)(cid:21)(cid:17)(cid:1)(cid:13)(cid:24)ti(cid:20)(cid:17)(cid:13)(cid:26)(cid:17)(cid:3)(cid:24)(cid:19)(cid:27)(cid:28)(cid:29)(cid:17)(cid:28)(cid:19)(cid:30)(cid:17)(cid:21)(cid:28)ti(cid:31)(cid:28)(cid:19)(cid:28)

(cid:28)(cid:20)(cid:17)(cid:1)(cid:21)(cid:28)(cid:19)(cid:30)(cid:18)(cid:23)(cid:28)ti(cid:21)

(cid:30) !"(cid:17)#$(cid:17)%"&’(’#)(cid:17)*(cid:17)(cid:9)(cid:7)+(cid:9)(cid:8)+(cid:5)(cid:9)(cid:5), Brij Lal ...Petitioner Versus State of Haryana and others ...Respondents *****

(cid:1)(cid:13)ti(cid:28)(cid:15)* (cid:21)(cid:13)(cid:19)-(cid:29).(cid:22)(cid:17)(cid:15)ti+(cid:17)(cid:27)(cid:24)/(cid:20)(cid:18)(cid:1)(cid:22)(cid:17)(cid:30)(cid:22)(cid:22)(cid:3)(cid:18)(cid:19)(cid:30)(cid:22)ti(cid:17)/(cid:18)(cid:19)(cid:23)(cid:21)(cid:17)

(cid:19)(cid:28).(cid:2)(cid:28)

Present: Mr. Kulwant Singh Dhanora, Advocate and Ms. Kri(cid:8)ka Mandhan, Advocate for the pe(cid:8)(cid:8)oner.

Mr. Gaurav Jindal, Additional A.G., Haryana.

*****

(cid:30)(cid:22)(cid:22)(cid:3)(cid:18)(cid:19)(cid:30)(cid:22)ti(cid:17)/(cid:18)(cid:19)(cid:23)(cid:21)(cid:17)(cid:19)(cid:28).(cid:2)(cid:28)0(cid:17)(cid:27)+(cid:17)(cid:12)(cid:13)1 2(cid:16)

1. In the present writ petition, the petitioner is praying for issuance of a writ in the nature of certiorari for quashing the order dated 23.07.2018 (Annexure P-4), passed by respondent No.3, whereby the promotion granted to the petitioner to the post of Sub Inspector (for short, ‘SI’) with effect from 13.11.2012 has been withdrawn and his seniority has been ordered to be refixed at the rank of Assistant Sub Inspector (for short, ‘ASI’).

2. The brief facts of the case are that the petitioner, belonging to the Scheduled Caste category, was appointed as a Constable in the year 1979. He was promoted to the post of Head Constable with effect from 15.11.1999 on the basis of reservation. Thereafter, he was promoted to the post of ASI with effect from 22.03.2006 and was confirmed on the said post on 31.01.2009. The said promotion was also granted on the basis of reservation. Subsequently, the petitioner was promoted to the post of SI with effect from 13.11.2012, by again extending the benefit of reservation policy. The petitioner later sought voluntary retirement, which was accepted, and he was voluntarily retired from service on 31.12.2013. After a lapse of more than four years from the date of his retirement, a show cause notice dated 05.02.2018 (Annexure P=1) was issued to him stating that undue benefit of promotion to the rank of SI was given to the petitioner, as such, the abovesaid benefit of promotion was liable to be withdrawn. The petitioner submitted a reply to the said show cause notice asserting that there was no fraud, misrepresentation or concealment of facts on his part in regard to the promotion granted on the post of SI and, as such, the benefit of promotion granted on the post of SI could not be withdrawn nor could his pay be refixed. However, respondent No.3, vide order dated 23.07.2018 (Annexure P=4), withdrew the promotion granted to the petitioner as SI and refixed his seniority at the rank of ASI. A perusal of the order dated 23.07.2018 (Annexure P=4) would show that no recovery of pay was ordered, considering that the petitioner had actually worked on the post of SI. Aggrieved by the said order dated 23.07.2018 (Annexure P=4), the petitioner has approached this Court by way of the present writ petition.

3. Learned counsel appearing for the petitioner submits that the promotion granted to the petitioner on the post of SI, on the basis of reservation, was not obtained by any fraud, misrepresentation, or concealment of facts. He submits that the respondents themselves applied the reservation policy and promoted the petitioner on the post of SI accordingly. He further submits that as there was no fault on the part of the petitioner, the benefit of promotion granted to the petitioner of SI c