IMPORTANT POINT
High Court was right in holding that the respondent is entitled, in terms of order dated 6-5-94, to arrears of pay & allowances with effect from the dates he was granted to promotions and not from the date he jointed the promotional posts.

Headnote:Service Matter-National promotion and seniority was given to respondent-Respondent claimed arrears of pay and allowances with effect from date of such promotion-Appellant alleging that concerned employee was entitled to the pay scale of the promotional post only with effect from the date he joins the post and not from the date of his promotion-High Court directed payment from the date of his promotion in terms of the order of the court, dt. 6-5-1994 passed in writ petition-Appeal against to Supreme Court-Whether High Court is right? (Yes)-Appeal dismissed.
Held : In our view the learned Single Judge as well as the Division Bench in Letters Patent Appeal have correctly held that the respondent (petitioner in the writ petition) is entitled, in terms of the order dated 6th May, 1994, to arrears of pay and allowances with effect from the dates he was granted the two promotions, and not from the date he joined the promotional posts. No interference by this Court in exercise of jurisdiction under Article 136 of the Constitution of India is called for. This appeal is, therefore, dismissed with costs which is qualified at Rs. 2,500/-. (Para 20)

JUDGMENT

Bisheshwar Prasad Singh, J.-This appeal by special leave has been preferred by the Food Corporation of India and is directed against the judgment and order of the High Court of Punjab and Haryana dated April 30, 1999 in L.P.A. No. 164 of 1999.

2. By the impugned judgment and order the High Court affirmed the order passed by a learned Single Judge of the High Court dated February 15, 1999 in Execution Appliction No. 2021 of 1997 filed for execution of the order passed in C.W.P. No. 4983 of 1993 holding that in terms of the judgment and order dated 6th May, 1994 in C.W.P. No. 4983 of 1993, the respondent herein was not only entitled to notional seniority and promotions but also to the arrears of pay and allowances with effect from the dates of such promotion.

3. The facts of the case may be briefly noticed:-

Respondent herein (Petitioner in the writ petition) joined as an Assistant Grade III (D) in the Food Corporation of India the appellant herein, on 28th June, 1968. One Shri H.K. Bhardwaj (respondent No. 4 in the writ petition) was similarly appointed as Assistant Grade III (D) on 1st July, 1968. Both were simultaneously promoted as Assistant Grade II (D) from the panel of 1969. However, when Mr. Bhardwaj was further promoted as Assistant Grade I (D) on the basis of inclusion of his name in the panel of 1971, the respondent was not similarly promoted on account of the fact that his name had not been included in the panel of 1971. This, according to the respondent, had been done intentionally with a view to harm him. Only much later the respondent was also promoted to Assistant Grade I (D) on the basis of 1973 panel. Though Mr. Bhardwaj was further promoted as Assistant Manager (D) on the basis of 1986 panel, respondent continued as an Assistant Grade I.

4. The case of the respondent in the writ petition, was that he being senior to Mr. Bhardwaj (respondent No. 4 in the writ petition), his case could not be over looked when Mr. Bhardwaj was promoted as Assistant Grade I (D) and later promoted as Assistant Manager (D). His case was that on account of the deliberate omission of his name from 1971 panel, he was deprived of his chances of promotion, and the authorities had acted arbitrarily and in an illegal manner.

5. The petitioner made representtions. The authorities realizing their mistake took corrective action. By an order dated 23/27th November, 1989, respondent was granted notional seniority and promotion. He was retrospectively promoted as Assistant Grade II (D) and Assistant Grade 1 (D) from earlier dates but he was neither given the arrears of salary nor his further promotion as Assistant Manager (D). He was, therefore, compelled to file a writ petition being Civil Writ Petition No. 4983. In the said writ petition respondent No. 1, apart from praying that he should be considered for promotion to the post of Assistant Manager (D), also prayed for modification of the order dated 23/27th November, 1989 which deprived him of arrears of pay and allowances and other consequential benefits. His prayer was that he should be given not only notional promotions and seniority but also the arrears of pay and allowance with effect from the dates on which e was promoted to Assistant Grade II (D) and Assistant Grade I (D) on the basis of 1969 and 1971 penals respectively. He also claimed arrears of pay with effect from the date he was promoted as Assistant Manager (D).

6. The writ petition came up for hearing before a learned judge or the High Court of Punjab and Haryana and it appears from the perusal of the said judgment and order that the respondents in the writ petition did not controvert the averments made in the writ petition as no reply was filed by the respondents. It also appears that neither the counsel for the petitioner nor the counsel for the respondents appeared when the matter was taken up for hearing. The learned judge, however, perused the record before him and after noticing the relevant facts inter alia observed as

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2002 Supreme(SC) 144

IMPORTANT POINTHigh Court was right in holding that the respondent is entitled, in terms of order dated 6-5-94, to arrears of pay & allowances with effect from the dates he was granted to promotions and not from the date he jointed the promotional posts.

Cases Referred (1)

IMPORTANT POINT
High Court was right in holding that the respondent is entitled, in terms of order dated 6-5-94, to arrears of pay & allowances with effect from the dates he was granted to promotions and not from the date he jointed the promotional posts.