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2006 Supreme(P&H) 1189

PUNJAB & HARYANA HIGH COURT
M.M.Kumar, J.
Bachan Singh
Versus
S.K.Sinha
COCP No. 146 of 2004,
Decided On : MARCH 21, 2006

Courts can issue directions for retrospective promotion and the provision of service benefits, and compliance with such directions discharges the rule.

Headnote:

Promotion - Retrospective Promotion - Service Benefits

Fact of the Case:

The petitioner sought promotion to the post of Inspector following the cancellation of a previous order of punishment. The court had issued directions for the petitioner's promotion and consideration for further promotion and service benefits.

Finding of the Court:

The respondent stated that the directions had been fully complied with, and the petitioner was promoted and given service benefits, including pay fixation and consideration for further promotion. The petitioner had retired, and his pension case was sent for revision.

Issues: Compliance with court directions for promotion and service benefits.

Ratio Decidendi: The court's judgment directed the competent authority to promote the petitioner retrospectively and provide all service benefits, including pay fixation and consideration for further promotion.

Final Decision: The rule was discharged as the respondent had complied with the court's directions, and there was nothing further to adjudicate.

Judgment

1. On 22-01-2003, this Court while disposing of CWP No.3149 of 1986 had issued directions to the Inspector General of Police, PAP, jalandhar, to pass an appropriate order for promotion of the petitioner to the post of Inspector on account of the fact that the order of punishment passed by the competent authority was cancelled. In the light of the judgment of the court of competent jurisdiction, the petitioner was required to be promoted from the date his juniors/contemporary Sub Inspectors were promoted. As a sequel to his retrospective promotion, he was required to be given all service benefits including fixation of pay and consideration of his case for further promotion for which necessary action was required to be taken by the competent authority.

2. In reply affidavit to show cause notice, respondent No.2 has-2- COCP No.146 of 2004 taken the stand in para 2 stating that the directions have been fully complied with. The case of the petitioner has been reconsidered and his name was approved for entry to promotion list f dated 10-4-1986. His name was also approved for further promotion as Inspector of Police from the date his juniors were promoted vide letter dated 14-08-2003. The Additional Director General of Police, PAP, Jalandhar promoted the petitioner as Inspector w. e. f.5-6-1986 i. e. the date his junior was promoted. The Commandant 80th battalion, PAP, Jalandhar has refixed the pay of the petitioner vide order dated 15-9-2003. The petitioner has retired from service and his pension case has been sent to the Accountant General, Punjab, on 7-05-2004 by the Commandant 80th Battalion, PAP, for the revision of his pension. In view of the above, nothing survives for adjudication in the these proceedings. Rule is discharged.

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