CWP-15349-2016 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 225 CWP-15349-2016 Date of decision: 13.01.2025 Om Parkash and another ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present : None for the petitioners. Mr. Arun Gupta, DAG, Punjab. ***** AMAN CHAUDHARY, J. (Oral) 1. Prayer made in the present petition is for directing the respondents to grant the benefits of Assistant Grade Examinations to the petitioners from the date to which they were entitled to the same. 2. Learned State counsel makes a reference to paras 2 and 3 of the averments made in the written statement to which there was no replication filed, which reads thus: “2. That it is submitted that both the petitioners had passed the Assistant Grade Examination in the year 26.06.1988. After qualifying the Assistant Grade Examination, the Petitioner No. 1 was promoted as Senior Assistant vide this office order No. TA (T-2- Asstt. 229)1996/5082 dated 10.04.1996 (Annexure R/1). Petitioner No. 2 was promoted as Senior Assistant on regular basis vide this office order No. 7689 dated 04.07.2008 on regular basis. It is further put forth that after pronouncement of the judgment by the Hon'ble Apex Court in Saroj Rani and other Vs. State in Civil Appeal No. 11660-61 of 1995; CA No. 3315-16 of 1997- Ravi Lamba and others with tagged matters. The Hon'ble Apex Court decided the said matter with following observations:- "For the aforesaid reasons emerging from the facts and circumstances of this case we issue the following directions:- (1) All vacancies on the post of Assistants/Senior Assistants prior to 21st January, 1991 are to be filled up by those who qualified by passing the examination and exemptees would have no claim on such vacancies. (2) All vacancies after 21st January, 1991 shall be filled in the ratio of 70 per cent and 30 percent between exemptees and qualifiers in the examination, respectively, for each year in question till all the existing qualifiers are absorbed. HAMANT 2025.01.13 18:10 I attest to the accuracy and integrity of this document CWP-15349-2016 2 (3) All promotions or reversions made has to be readjusted within the aforesaid frame work, irrespective of any interim orders then in force. (4) Any incumbent who worked on the posts of Assistant/Senior Assistant on account of promotion orders and in case they have to be reverted or have been reverted, any salary or consequential amount paid to such employees for working on the post of Assistant/Senior Assistant shall not be taken back from them. Similarly if any employee gets promotion to the post of Assistant/Senior Assistants from an earlier date, he/she will not be entitled to any arrears of salary. (5) State shall complete this exercise of promotion on the above said formula on or before the 31st December, 1999; till then the existing arrangement shall continue. (6) So far two appellants in the appeal of Ravi Lamba, since they were promoted prior to 21st January 1991, for which there is no dispute and their reversion order being held illegal, they may be promoted forthwith and they may not be asked to wait for the final exercise of promotion in all other cases. In view of our aforesaid findings we dispose of the aforesaid appeals in terms of the said directions. Cost on the parties," 3. That pursuant to the order and judgment dated 24.08.1999, the State of Punjab issued notification dated 15.09.1999, subject to which the promotion to Assistant would be made in 70, 30 ratio, meaning thereby 70% promotion would be made from exemptees and 30% from the incumbents who had qualified Assistant Grade Examination. Seniority List of those employees were casted who had qualified the Assistant Grade Examination and their promotion to Sr. Assistant were made as per seniority list. As the Petitioner No. 1, who was promoted as Senior Assistant as on 10.04.1996 and even till the judgment dated 24th August, 1999, passed in CA No. 11660-61 of 1995-Saroj Rani and others; CA No. 3315-16 of 1997- Ravi Lamba and others and CA No. 1329 of 1999- Tarlok Singh and others Vs. State of Punjab and others in connection with Senior Assistant Grade Examination Rules 1984 was implemented by the State Government/Department of Personnel (Personnel Policies-1 Branch), vide circular letter No. 6/30/95-1PP1/11182 dated 15.09.1999 and Department orders No. as per this 17853-TA(T- 2-Asstt.- 229)2000/12683 dated 04.12.2000 (Annexure R/2), along with other employees of the Treasury Organization, Sh. Om Parkash was promoted as Senior Assistants purely on adhoc basis against direct quota posts wherein it was clearly mentioned that they are liable to be reverted on the availability of persons selected against direct posts or otherwise, without any notice and his promotion was regularized as per orders No. 11962-TA(T-2-Asstt.-229)2004/14925 dated 31.12.2004 (Annexure R/3) and he submitted his joining report as Senior Assistant on regular basis on 24.03.2005. Petitioner No. 2, who was working as Assistant Treasurer promoted as Senior assistant on regular basis on his turn vide this office order No. 7689 dated 04.07.2008 and joined on 07.07.2008.” HAMANT 2025.01.13 18:10 I attest to the accuracy and integrity of this document CWP-15349-2016 3 3. In view of the above, the present petition is disposed of, leaving the petitioners with a liberty to approach the department, if there is any factual error in the stand taken. (AMAN CHAUDHARY) JUDGE 13.01.2025 Hemant Whether speaking/reasoned : Yes / No Whether reportable : Yes / No HAMANT 2025.01.13 18:10 I attest to the accuracy and integrity of this document