High Court of Punjab and Haryana, Chandigarh
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Ishwar Singh v. State of Haryana & Ors - CWP-15814-2006  RD-P&H 8104 (29 September 2006)
C.W.P. No. 15814 of 2006
Date of Decision: September 29, 2006
State of Haryana and others
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT: Mr. H.N. Khanduja, Advocate,
for the petitioner.
M.M. KUMAR, J. (Oral)
The petitioner has prayed for quashing order dated 20.9.2005 (P-8) to the extent that consequential benefit of arrears has been denied to him by giving him retrospective promotion w.e.f.
5.6.1998. The petitioner has earlier filed a civil suit seeking promotion to the post of Lab Attendant, being Civil Suit No. 103/01, instituted on 23.2.2001. On the passing of order dated 20.9.2005 (P-8), the petitioner made a statement before the Additional Civil Judge (Senior Division) Kaithal (P-11) stating that since he has been promoted w.e.f. 5.6.1998 by giving the benefit of seniority and pay fixation, he did not wish to pursue the case and wanted to withdraw the same. On the basis of the statement made by the petitioner, CWP No. 15814 of 2006
Additional Civil Judge (Senior Division) Kaithal, passed an order on 21.9.2005, allowing withdrawal of the suit (P-12).
The instant petition has now been filed claiming the arrears from the retrospective date of promotion i.e. 5.6.1998 till the date of passing of the aforementioned order dated 20.9.2005. The aforementioned relief was available to the petitioner before the Civil Court and he failed to press the same there. The civil suit has been withdrawn by him without any protest. Even otherwise in the case of State of Haryana v. O.P. Gupta, AIR 1996 SC 2936, it has been held by Hon'ble the Supreme Court that in cases where there is a dispute with regard to seniority, no arrears of pay from the date of retrospective promotion to the date of actual promotion are to be granted except the relief of pay fixation. Therefore, the writ petition is wholly misconceived and the same is accordingly dismissed.
September 29, 2006 JUDGE
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