- (1.) THIS petition seeks a direction for quashing a part of order dated 5.5.2006, Annexure P -7, to the extent of denial of arrears from 1.7.1988 to 3.5.1992 and for quashing order dated 15.9.2006, Annexure P -9, to the extent of denial of arrears prior to the date of actual joining/officiating on the higher post.
(2.) CASE of the petitioner is that he joined as Assistant Store Keeper. He was promoted as Store Keeper and then as Head Store Keeper and then as Stock Verifier. He filed a suit for declaration that order dated 4.12.1981, promoting his junior as Head Store Keeper, was not justified. The suit was decreed. As a result of the said decree, seniority list was revised on 8.9.1992. The petitioner was convicted in FIRNo. 685 under Sections 406/409/120B IPC, but the conviction was set -aside on appeal. He was also given a chargesheet and was retired from service on 24.3.1999. He got his pension and disciplinary case was quashed by the department on 2.11.2004. He was allowed leave encashment and suspension period was also regularized. DCRC was also released. Adverse remark of 'integrity doubtful' was also expunged. He was given the benefit of advance promotional increment on completion of 23 years of service. On 5.5.2006, he was given promotion from a back date without arrears and on 26.5.2006, his seniority was revised without monetary benefits. Contention raised on behalf of the petitioner is that promotion having been given from back date and seniority also having been revised from back date, the petitioner was entitled to consequential benefits. Reliance has been placed on judgment of this Court in Hamesh Mahajan v. Haryana Vidyut Prasaran Nigam Ltd. and Ors., 2004(2) RSJ 329.
(3.) WE have heard learned Counsel for the petitioner.;