Balwinder Singh vs The State of Punjab and Another

Tejinder Singh Dhindsa, J.—The petitioner was promoted as Assistant Food and Supplies Officer under the Food, Civil Supplies and Consumer Affairs Department, State of Punjab vide order dated 05.01.2001. He retired from such post upon attaining the age of superannuation on 30.06.2006. Post retirement, order dated 21.11.2006 (Annexure-P1) was passed, whereby, he was given the benefit of promotion as Assistant Food and Supplies Officer w.e.f. 14.07.1998 instead of 05.01.2001. Such benefit was apparently granted to the petitioner on the basis that he had been allotted seniority at Serial No. 399-F whereas his junior namely Sh. Amarjit Singh, who had been allotted seniority at Serial No. 399-F-1, had been granted promotion as Assistant Food and Supplies Officers w.e.f. 14.07.1998. However, in such order dated 21.11.2006, it was stipulated that since the petitioner had not worked on the higher post i.e. Assistant Food and Supplies Officer w.e.f. 14.07.1998 to 05.01.2001 as such he would not be entitled to any financial benefits/arrears for such period.

The instant writ petition has been filed praying for the issuance of a writ of mandamus for directing the respondents to promote the petitioner further to the post of District Food and Supplies Officer with effect from the date, his junior had been promoted i.e. 20.11.2003 and further directions have been sought that the petitioner be also released all the monetary benefits for the period 14.07.1998 to 05.01.2001 on the post of Assistant Food and Supplies Officer.

It is not a matter of dispute that during the pendency of the instant writ petition, the petitioner has been promoted to the post of District Food and Supplies Officer w.e.f. 20.11.2003. Such order dated 20.12.2012 stands appended as Annexure-R1/T along with the written statement placed on record on behalf of respondent Nos. 1 and 2. However, even in such promotion order dated 20.12.2012, the petitioner has been held to be not entitled for the financial benefits pertaining to the post of District Food and Supplies Officer from 20.11.2003 till the date of his retirement i.e. 30.06.2006.

As such the limited issue that survives in the instant writ petition is for the grant of actual arrears against the post of Assistant Food and Supplies Officer as also District Food and Supplies Officer upon the grant of anti dated promotion.

Learned counsel appearing for the State would vehemently oppose such claim of the petitioner on the basis that the order dated 21.11.2006 at Annexure P1, whereby the petitioner had been granted anti dated promotion as Assistant Food and Supplies Officer w.e.f. 14.07.1998 instead of 05.01.2001 has been impugned in terms of filing of a writ petition after delay of five years i.e. in the year 2011.

Counsel for the petitioner to such extent, does not even join issue and submits that he would give up his claim insofar as actual arrears against the post of Assistant Food and Supplies Officer for the period 14.07.1998 till 05.01.2001 is concerned.

However, I am of the considered view that there can be no justifiable basis to deny to the petitioner the actual financial benefits admissible to the petitioner against the post of District Food and Supplies Officer for the period 20.11.2003 till his date of retirement i.e. 30.06.2006. I take this view as the benefit of anti dated promotion to the petitioner against the post of DFSO (District Food and Supplies Officer) has only been issued on 20.12.2012 and that too during the pendency of the present writ petition. It would not lie in the mouth of the State to raise argument that the petitioner had not worked on the post of DFSO (District Food and Supplies Officer) for the period in question as the necessary correction and delay for grant of such benefit was squarely upon the respondent-authorities.

Accordingly, the present writ petition is disposed in terms of directing the respondent-authorities to grant to the petitioner the actual benefit of arrears of salary pertaining to the post of DFSO (District Food and Supplies Officer) for the period from 20.11.2003 till his date of retirement i.e. 30.06.2006 as also to grant the consequential revised pensionary benefits accruing thereupon. Such benefits be computed and be released to the petitioner within a period of two months from the date of receipt of a certified copy of this order. Writ petition disposed of.