- (1.) In terms of an order dated 23.12.2010 issued by the Engineer-in-Chief, Irrigation Department, State of Haryana, the petitioner while working as Sub Divisional Clerk was granted deemed dates of promotion as Accounts Clerk w.e.f. 1.5.2006 and Deputy Superintendent w.e.f. 25.6.2010 i.e. with effect from the dates his immediate juniors had been so promoted.
(2.) In the instant petition, challenge is to such order dated 23.12.2010, Annexure P5, limited to the extent whereby while granting deemed dates of promotion on the promotional posts only notional pay fixation has been directed and the benefit of actual arrears of salary has been denied.
(3.) Brief facts that would emerge from the pleadings on record are that the petitioner while serving as Sub Divisional Clerk under the Irrigation Department was served with a charge sheet dated 3.11.1997 under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987. The basic allegation formulated against the petitioner was with regard to having prepared bogus records to facilitate the back date entries made by Shri Zile Singh, SDO and Shri Vishnu Kumar, Junior Engineer. Vide order dated 25.4.2006, petitioner was promoted as Accounts Clerk. However, vide subsequent order dated 18.5.2006, petitioner was reverted back to the post of Sub Divisional Clerk on account of the pendency of the charge sheet. On 24.6.2010, petitioner was exonerated of the charges. The petitioner having represented to the respondent-Department to grant him promotion as Accounts Clerk and Deputy Superintendent, with effect from the date his juniors had been so promoted, such request was finally acceded to and the order dated 23.12.2010, Annexure P5, was passed by the Engineer-in- Chief, Irrigation Department granting to him the deemed dates of promotion as Accounts Clerk w.e.f. 1.5.2006 and Deputy Superintendent w.e.f. 25.6.2010 i.e. the dates when his immediate junior, namely, Virender Kumar had been so promoted. However, vide such order dated 23.12.2010, the petitioner had been held entitled to the notional pay fixation and the actual arrears of salary for the period in question have been denied.;