C. S. Tiwana, J. - (1.) Harnek Singh, who was promoted as Deputy Superintendent of Police with effect from Dec. 29, 1972, but has retired by the present time, filed this writ petition on Feb. 22, 1974, for the issue of a writ of mandamus primarily for obtaining the arrears of salary which, according to the calculations made by him, amounted to Rs. 34, 828.05. Respondent No. 1 to this petition is the State of Punjab and respondent No. 2 is the Inspector General of Police, Punjab. Relief is claimed on the basis of another writ which was allowed by this Court on March 12, 1976 The success in that writ petition itself was based on a declaratory decree granted by a Civil Court A detailed reference to the previous litigation has, therefore, become necessary for appreciating the relief now claimed. The petitioner was reverted to the post of the Assistant Sub-Inspector of Police on June 1, 1952. His appeal against the reversion was dismissed by the Home Secretary on June 5, 1961. The petitioner then brought a suit for a declaration that the order of the Home Secretary was invalid. The relief sought was that he continued as a substantive Sub-Inspector of Police and was entitled to all benefits and privileges available to the members of that service The State filed an appeal before the Additional District Judge, Ambala. After the same was dismissed second appeal was filed before this Court and that appeal was dismissed by a Division Bench of this Court on Nov. 16, 1966. The petitioner then filed an application before respondent No 2 for getting his seniority fixed in view of the decree passed by the Court. It was in compliance with that decree that the petitioner was reinstated as a Sub-Inspector of Police with effect from June 1, 1952, and was confirmed in that post on Nov. 1, 1952. As no further relief by the grant of some other benefits to which the petitioner thought be was entitled was given to him, he filed the previous writ petition in this Court on Oct. 9, 1969. The learned Single Judge of this Court who allowed that writ petition issued the following directions which are now required to be implemented in the present petition:- 'I accordingly accept this petition with costs and direct the respondents to allow the petitioner all rights, benefits and privileges to which he is entitled by virtue of his reinstatement as Sub- Inspector of Police with effect from June, 1952, and his confirmation in that post with effect from Nov. 1, 1952. He should be considered for further promotion from the date on which his immediate junior was promoted. The case with regard to his further promotion and the grant of benefits and privileges should be decided within three months from today". Then followed an order dated July 31, 1970, Annexure B, passed by respondent No 2 whereby the petitioner was promoted as officiating Inspector of Police with immediate effect. the deemed date of promotion as such was specified as being Oct. 27, 1956. The petitioner then felt aggrieved by the following rider added to the order in respect of the nonpayment of the arrears:- "He will not be paid any arrears of pay and allowances from 27-10 56 to the date he takes over as offg : Inspector in the P. T. C, Phillaur, but his pay will be fixed as Offg : Inspector on the basis of his deemed date of promotion i e 27-10-56".
(2.) The petitioner continued to make representations to the higher authorities for the payment of arrears of salary and ultimately he filed a contempt petition in this Court on March 4, 1971. The same was dismissed on May 4, 1971, without issuing notice to the alleged contemner. It was then that the present writ petition was filed so as to obtain implementation of the decree which had been granted to him by judgment dated March 12, 1970.
(3.) There is one more relief which the petitioner seeks in the present writ petition and which, according to him, arose from the judgment in the previous writ petition. He did not feel satisfied with regard to his promotion as Deputy superintendent of Police with effect from Dec. 29, 1972, and alleged that he was entitled to that promotion with effect from June 13, 1962. It was on that date that, Pritam Singh Gill, a person junior to him, stood promoted as a result of some other writ petition which had been decided in his favour.;