CWP-12286-2017 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12286-2017 (O&M) GURCHARAN SINGH ..Petitioner Versus STATE OF PUNJAB AND ORS. ..Respondents Reserved on: 09.07.2026 Pronounced on : 22.07.2026 Uploaded on : 24.07.2026 Whether only the operative part of the judgment is pronounced? NO Whether full judgment is pronounced? YES CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Ranjivan Singh, Advocate Mr. Risham Raag Singh, Advocate Mr. Navjot Singh Kalsia, Advocate Mr. Jasjot Singh, Advocate for the petitioner. Mr. Ravneet S. Joshi, DAG, Punjab. * * * * * SUDEEPTI SHARMA, J. 1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to grant arrears to the petitioner with effect from his deemed date of promotion as Research Assistant Grade 'A' w.e.f. 26.06.1997 [granted vide order dated 20.10.2009(P-6)] & for deemed date promotion as Assistant Research Officer (ARO) w.e.f. 26.07.2006 [granted vide order dated 30.05.2012 (P-8)] and further to grant him the arrears on account of grant of 4 years ACP Scheme w.e.f. 22.7.2010 [granted vide order dated 12.05.2016 (P-9)] alongwith the interest @ 18% in view of the spirit/law laid down by the Division Bench of this Hon'ble Court in LPA No. 1018 of 2012 titled as MOHD AYUB 2026.07.24 16:45 I attest to the accuracy and authenticity of this order/judgment. CWP-12286-2017 (O&M) -2- Satyavir Singh Shekhawat Vs. State of Haryana and others decided on 2.11.2012 (P-19). 2. Learned counsel for the petitioner contends that since the petitioner was promoted with effect from 26.06.1997, therefore, he is entitled to his arrears with effect from 26.06.1997 and further consequential benefits accruing by taking the date of his promotion with effect from 26.06.1997. 3. Per contra, learned counsel for respondents contends that petitioner was promoted as Research Assistant Grade ‘A’ with effect from 26.06.1997 by granting deemed date of promotion as 26.06.1997 vide order dated 19.10.2009 and the petitioner approached this Court by filing the present writ petition in the year 2017 i.e. after the delay of 8 years. 4. I have heard learned counsel for the parties and perused the whole case file with their able assistance. 5. A perusal of the file shows that admittedly the petitioner was promoted vide order dated 19.10.2009 with effect from 26.06.1997 by granting him the deemed date of promotion as 26.06.1997 with the following conditions:- “1) The official will not be entitled to the arrears etc. of the financial benefit from the date of his deemed promotion. 2) These orders can be modified/cancelled in case any enquiry/corruption or embezzlement case against the employee comes to the notice of the Government. 3) The Chief Engineer/Vigilance will have the full right to cancel or amend the said order.” 6. A perusal of the above referred to condition shows that it is specifically mentioned that petitioner would not be entitled to arrears etc. of financial benefits from the date of his deemed promotion. The petitioner MOHD AYUB 2026.07.24 16:45 I attest to the accuracy and authenticity of this order/judgment. CWP-12286-2017 (O&M) -3- accepted order dated 19.10.2009 along with conditions. And after a lapse of 8 years of getting promotion without challenging the conditions in the deemed date of promotion order, the petitioner cannot ask for the arrears, which were neither promised to be granted to him nor were part of the order of his promotion. 7. Further, it is not the case of the petitioner that any junior to him were promoted. Order dated 19.10.2009 vide which the petitioner was promoted is very clear regarding the deemed date of promotion and that the petitioner would not be entitled to arrears etc. of financial benefits from the date of his deemed promotion. 8. In view of the same, the present writ petition is dismissed being devoid of any merit. 9. Pending miscellaneous application(s), if any, stand disposed of. 22.07.2026 (SUDEEPTI SHARMA) Ayub/Saahil JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2026.07.24 16:45 I attest to the accuracy and authenticity of this order/judgment.