Surya Kant, J. - (1.) With the consent of the Learned Counsel for the parties, the main case itself is taken up on the board for final disposal. C.M. stands disposed of. Re: Petition Ex-captain Darshan Lal Khanna, who has retired from the Excise & Taxation Department, has approached this Court for quashing of the order dated 6/9/2002 (Annexure P-4) whereby his claim for payment of arrears of pay from the date of retrospective promotion as Joint Excise & Taxation Commissioner and Additional Excise & Taxation Commissioner, has been turned down. The petitioner has also sought a direction to the respondents to release the arrears of pay as admissible against the aforementioned two posts along with interest.
(2.) Shorn of the details, the petitioner served during emergency period in the Indo-Pak war in the year 1965. After his release from the army, he joined as Excise & Taxation Officer on 12/4/1981. The petitioner sought the benefit of 'emergency service' according to the Demobilised Armed Forces Personnel (Reservation of Vacancies) in the Punjab State Non-Technical (Services) Rules, 1968. Since the said benefit was denied to him, he approached this Court by way of C.W.P. No.5007 of 1985 which was disposed of with a direction to consider his claim in the light of judgment dated 10.7.1990 passed by this Court in LPA No.766 of 1985.
(3.) The petitioner's representation was accepted and vide the order dated 12.11.1990, he was assigned the deemed date of promotion as Excise & Taxation Officer with effect from 11.4.1970. He was also granted retrospective promotion as Assistant Excise & Taxation Commissioner with effect from 1.1.1978 and Deputy Excise & Taxation Commissioner with effect from 22.4.1983. These retrospective promotions were, however, granted to him subject to the decision of SLP Nos.13778 and 13779 of 1990 pending in the Supreme Court against the judgment dated 10.7.1990 passed by this Court in LPA No.766 of 1985. The aforementioned SLPs were finally dismissed by the Supreme Court vide order dated 24.7.1998. Meanwhile, the petitioner retired from service upon superannuation with effect from 29.2.1996.;