STATE OF HARYANA Vs. O P GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides. The controversy runs on a very narrow thread.

(3.) Admittedly, the respondents were working in Haryana Service Engineers, Class II Public Works Department (Irrigation Branch). They are governed by the Haryana Service Engineers Class II Public Works Department (Irrigation Branch) Rules, 1970. There was inter se dispute regarding the promotion to the higher echelons of service which ultimately resulted in the order passed by this Court on August 7, 1990 in Civil Appeal No.3837/90. Therein, this Court had directed the Government to prepare the seniority list in accordance with Rule 9 of the Rules ignoring the instructions contained in para 11.4 of the Manual and any other inconsistent instruction running counter to the Rules and to prepare a fresh list strictly in accordance with the Rules untrammelled by inconsistent observations made by the High Court. It was also mentioned that if any promotions had already been made, those promotions were directed not to be disturbed. Following the directions, seniority list has been prepared and promotions accordingly were given to all the eligible persons. We are informed that about 90 persons have been promoted. They have also been given the scale of pay to which they are eligible in the promoted posts. The respondents in these appeals have approached the High Court by filing writ petitions claiming payment of arrears. The High Court in the impugned order dated 29-9-1993 made in C.W.P. No.6760/93 and batch directed payment of arrears from the deemed date given in the seniority list to the date of their posting in the promotional posts. Thus, these appeals by special leave. The only controversy in these cases is:whether the respondents are entitled to arrears of salary for the period during which admittedly they had not worked but they had been given notional promotion from the deemed date. We have computed the deemed date as January 1, 1983. They have joined the duty on December 1, 1992. Therefore, the period which they claimed arrears would be from January 1, 1983 to November 30, 1992. We are informed that some of them had retired even before that date and, therefore, they have been given notional promotion till the date of their retirement.