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CWP-7663-2019 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-7663-2019 (O&M) AVTAR SINGH NAGI ..Petitioner Versus STATE OF PUNJAB AND ORS. ..Respondents Reserved on: 13.07.2026
Pronounced on : 23.07.2026 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. H.C. Arora, Advocate Ms. Gagandeep Sandhu, Advocate for the petitioner. Mr. Ravneet S. Joshi, DAG, Punjab. Mr. Sanjeev Sharma, Sr. Advocate with Ms. Shubhreet Kaur, Advocate for respondents No.3 and 4. * * * * * SUDEEPTI SHARMA, J.
1. The challenge in the present writ petition is to order dated 12.11.2018 passed by District and Sessions Judge, Amritsar, whereby, the claim of the petitioner for removal of anomaly viz-a-viz his junior Inder Mohan Kalia is rejected.
2.
Learned counsel for the petitioner inter alia contends that
reasoning given by respondent No.4 while rejecting his claim is not justifiable. 3. He further contends that he being senior-most Stenographer Grade-II was promoted three times to the post of Stenographer Grade-I, and MOHD AYUB 2026.07.24 16:45 I attest to the accuracy and authenticity of this order/judgment. CWP-7663-2019 (O&M) -2- was reverted back as Stenographer Grade-II twice, and lastly, he retired while being on the post of Stenographer Grade-I, on 31.03.2003 and that since the petitioner was promoted as Stenographer Grade-I on three occasions due to the creation of the post of Additional District and Sessions Judge from time to time, and was being reverted back to Stenographer Grade-II due to the withdrawal of the post of Additional Sessions Judge from time to time. In this regard, the petitioner, who was senior to Shri Inder Mohan Kalia, had faced reversions after being promoted from Stenographer Grade-II to the post of Stenographer Grade- I, without any fault of his own. He, therefore, prays that the present writ petition be allowed. 4. Per contra, learned counsel for respondents No.3 and 4 contends that as per Assured Career Progression (ACP) Scheme dated 25.09.1998, eight years of continuous service at the post without promotion is required and the petitioner did not render the same. 5. Further that the petitioner is not entitled to the grant of step up at par of his junior Inder Mohan Kalia since the said junior had rendered eight years of continuous service as Stenographer Grade-II and the petitioner did not render the same. 6. Further that as per the Punjab Government instructions dated 21.06.1990, the benefit of step up would be admissible if the employee exercise option within four months from the date of arising of the anomaly and in the present case, anomaly arose on 23.09.2005 and the petitioner never approached in time. 7. He further contends that the petitioner has filed the present writ petition after inordinate delay, since he retired on 31.01.2013 and accepted all his retiral benefits and the present writ petition is filed on 05.03.2019 i.e.
MOHD AYUB 2026.07.24 16:45 I attest to the accuracy and authenticity of this order/judgment. CWP-7663-2019 (O&M) -3- after the delay of over six years. He, therefore, prays that the present petition be dismissed. 8. I have heard learned counsel for the parties and perused the whole case file with their able assistance. 9.
A perusal of the file shows that as per the facts, the step up is granted to Inder Mohan Kalia after eight years of continuous service as Stenographer Grade-II as per the Assured Career Progression Scheme dated 25.09.1998, which requires eight years of service at a post without any promotion and admitted fact of the petitioner himself is that he was promoted and reverted and never remained on the same post for continuous eight years. 10. In view of the same, I do not find any merit in the present writ petition and the same is hereby dismissed. 11. Pending miscellaneous application(s), if any, stand disposed of. 23.07.2026 (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.