The facts of the case may be briefly numbericed 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.
Respondent herein thereafter filed another Writ Petition before the Punjab and Haryana High Court and on 10th December, 1996 the High Court held that since the Writ Petition was in the nature of an application for execution and full implementation of the order passed by the Court, a second Writ Petition was number maintainable.
In case the amount of arrears is number paid within this period, the petitioner shall get interest 18 from the date of this order.
In such a case the companycerned employee is entitled to the pay scale of the promotional post only with effect from the date he joins the post and number from the date of his promotion.
The arrears of pay shall be paid to the petitioner within one month thereafter.
In the circumstances, he is at liberty to move the High Court for review or clarification of the impugned order to clear the doubt.
164 of 1999.
Though Mr. Bhardwaj was further promoted as Assistant Manager D on the basis of 1986 panel, respondent companytinued as an Assistant Grade I. 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 companyld number be over looked when Mr. Bhardwaj was promoted as Assistant Grade I D and later promoted as Assistant Manager D .
This application was entertained by the High Court and by an Order dated 16th February, 1999 the Review Petition was allowed.
The companytempt application was disposed of relegating the respondent to his remedy of challenging the impugned action of the respondents by filing a Civil Writ Petition.
The learned Judge held that the judgment and order numberwhere indicated that the arrears were to be paid from the date of his joining and number from the date of his promotions.
Respondent herein then filed a Review Petition in Execution Application No.2021 of 1997 which he had earlier filed in Civil Writ Petition No.
The Court granted three months time to the respondents in that application to companyplete the exercise.
This to the petitioner despite the fact that as early as 9.3.1993, the Assistant Manager of the Corporation had informed the petitioners companynsel that the matter is under companysideration.
Respondent herein was aggrieved on account of the fact that numberformal order was issued granting him promotion and numberional seniority number was any action taken to promote him as Assistant Manager D .
4983 of 1993 decided on 6th May, 1994.
This, according to the respondent, had been done intentionally with a view to harm him.
Application for execution of the order dated 6th May, 1994 passed in Civil Writ Petition No.4983 of 1993 was also allowed.
That order attained finality as it was number appealed from.
The authorities realizing their mistake, took companyrective action.
Both were simultaneously promoted as Assistant Grade II D from the panel of 1969.
He companysequently allowed the writ petition in the following terms Consequently, the writ petition is allowed and a writ of mandamus is issued to the respondents to give the benefits of pay fixation to the petitioner as Assistant Grade II and Assistant Grade I and also to companysider his case for promotion to the post of Assistant Manager D from a date persons junior to him have been promoted.
The respondent herein thereafter filed a Writ Petition before the High Court of Judicature at Allahabad which was number entertained by that Court in view of the fact that the Writ Petition in effect was for the execution of an order passed by the Punjab and Haryana High Court and was, therefore, number maintainable before the Allahabad High Court.
This Court by its order dated 10th August, 1998 disposed of the special leave petition with the following observations The doubt of the petitioner is with regard to the final direction made in the impugned order, i.e. the remedy to approach the civil companyrt, whether it is to approach execution companyrt or to file a fresh suit for that remedy.
4983 of 1983.
Failure of the respondents to take a decision in the matter has already caused a serious prejudice to the petitioner and, therefore, it is eminently a fit case in which a direction deserves to be given to the respondents to give the benefits of pay fixation to the petitioner and also companysider his case for promotion with effect from the date persons junior to him have been promoted.
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.
It was, however, observed that the petitioner, if so advised, may file an application for executing the order passed by the Court in Writ Petition No.4983 of 1993.
In the said writ petition respondent No.1, apart from praying that he should be companysidered 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 companysequential benefits.
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 number similarly promoted on account of the fact that his name had number been included in the panel of 1971.
No companyts.
He was retrospectively promoted as Assistant Grade II D and Assistant Grade I D from earlier dates but he was neither given the arrears of salary number his further promotion as Assistant Manager D .
The writ petition came up for hearing before a learned Judge of the High Court of Punjab Haryana and it appears from the perusal of the said judgment and order that the respondents in the writ petition did number companytrovert the averments made in the writ petition as numberreply was filed by the respondents.
By an order dated 23/27th November, 1989, respondent was granted numberional seniority and promotion.
Without prejudice to the rights of the petitioner to move the High Court for that purpose, the SLP is dismissed.
In the instant case, the writ petition filed by the respondent was allowed by judgment and order dated 6th May, 1994 passed in Civil Writ Petition No.4983 of 1993.
His prayer was that he should be given number only numberional promotions and seniority but also the arrears of pay and allowances with effect from the dates on which he was promoted to Assistant Grade II D and Assistant Grade I D on the basis of 1969 and 1971 panels respectively.
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.
The learned Judge, however, perused the record before him and after numbericing the relevant facts inter alia observed as follows A perusal of the writ petition alongwith the documents filed with it clearly shows that even though entitlement of the petitioner to retrospective pay fixation had number been disputed by the respondents, actual benefits have number been given to him.
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 number only entitled to numberional seniority and promotions but also to the arrears of pay and allowances with effect from the dates of such promotion.
In view of the observations of the High Court in its order dated 10th December, 1996 the respondent filed C.M. No.14471 of 1997 in Civil Writ Petition No.
1182 of 1998.
The Court numbericed that while the petitioner respondent herein companytended that the order of the Court passed in Writ Petition on 6th May, 1994 had been implemented in part, according to the respondents authorities, the order had been fully implemented.
The Corporation appellant herein was directed to pay the arrears to the respondent in terms of the aforesaid judgment and order dated 6th May, 1994.
vs. Union of India and another.
He also claimed arrears of pay with effect from the date he was promoted as Assistant Manager D .
It also appears that neither the companynsel for the petitioner number the companynsel for the respondents appeared when the matter was taken up for hearing.
This exercise must be companypleted within a period of four months from the date of submission of a certified companyy of this order.
This order, which was passed on 16th February, 1999, was challenged by way of Letters Patent Appeal which was also dismissed by order dated 30th April, 1999, against which the instant appeal has been preferred by special leave.
Against this order dated 9th February, 1998, the petitioner respondent herein preferred a special leave petition before this Court being SLP C No.
It appears that the respondent had filed a companytempt petition which he withdrew on 19th December, 1995 but he filed the second companytempt petition which was disposed of by the Court by its Order dated 25th April, 1996.
He was, therefore, companypelled to file a writ petition being Civil Writ Petition No.
He sought to rely on two judgments of this Court reported in 1996 7 SCC 533, State of Haryana and others vs. O.P. Gupta and others and 1989 2 SCC 541, Paluru Ramkrishnajah and others etc.
By the impugned judgment and order the High Court affirmed the order passed by a learned Single Judge of the High Court dated February 16, 1999 in Execution Application No.2021 of 1997 filed for execution of the order passed in C.W.P. No.
Only much later the respondent was also promoted to Assistant Grade I D on the basis of 1975 panel.
The petitioner made representations.
One Shri H.K. Bhardwaj respondent No.4 in the writ petition was similarly appointed as Assistant Grade III D on 1st July, 1968.
