- (1.) There is no representation on behalf of the respondents. I have observed that there was no representation even at the previous date and I had also directed that an opportunity shall be given to file written statement with a copy in advance to the other side on condition that respondents will pay Rs. 2,000/- as costs to the Haryana State Legal Services Authority. It is not known whether the direction given by this Court was complied with or not. The petitioner seeks for a claim to deem him as having been promoted by 10.12.2003, the date when his junior was promoted. The petitioner would rely on a statement given by the official from the respondents before the Civil Court in a suit filed by the petitioner admitting to the fact that they would assign the petitioner the seniority position above Shri S.P. Gupta and below Shri Chopra. The petitioner has tabulated in the writ petition the details of the dates of joining of various persons, who had been juniors to him and who had been given promotion as Assistant Executive Engineer. The particular reference is made to Shri S.P. Gupta, who was said to have been promoted on 10.12.2003. The only contention is that he should be treated as having been promoted on the date when he was so promoted. I would accede to the petitioner's plea in the absence of any statement or objection to the petitioner's contention and grant to the petitioner the relief that he should be deemed to be promoted w.e.f. 10.12.2003. He shall also be granted notionally the scales applicable to that post. It is stated that the petitioner has retired on 31.12.2005 but the writ petition has been filed only on 23.02.2009. The arrears of salary on the revised scales shall be, therefore, impermissible. Revised scales admissible to the promotion post will have a bearing only for the calculation of terminal benefits including pensionary benefits that become payable. The arrears will again stand restricted only for a period before 38 months prior to the institution of the writ petition. The arrears shall be calculated and released to the petitioner within a period of 8 weeks from the date of receipt of copy of this order with interest at 6%.
(2.) The writ petition is allowed on the above terms.;