Punjab-Haryana High Court
Dr.Ashwani Kumar Verma vs State Of Haryana And Others on 9 January, 2013
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
CIVIL WRIT PETITION NO.5113 OF 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CIVIL WRIT PETITION NO.5113 OF 2011
DATE OF DECISION: JANUARY 09, 2013
Dr.Ashwani Kumar Verma .......Petitioner
Versus
State of Haryana and others .......Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA
Present: Mr.Sanjeev K.Tamak, Advocate for the petitioner.
Mr.Harish Rathee, Senior Deputy Advocate General,
Haryana.
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TEJINDER SINGH DHINDSA, J.
The petitioner, who is working on the post of Medical Officer under the Department of Health, State of Haryana, filed the instant writ petition claiming a three-fold relief. Firstly, it was claimed that the name of the petitioner be included in the final seniority list in terms of HCMS (Class-II) Rules, 1978 and against the backdrop of the merit determined by the Recruiting Agency. The second relief sought was for grant of benefit of 2nd and 3rd ACP under the HCS (ACP) Rules w.e.f. 1.1.2002 and 1.1.2006. Thirdly, the petitioner raised a claim for consideration for CIVIL WRIT PETITION NO.5113 OF 2011 2 promotion to the post of Senior Medical Officer with effect from the date his junior, namely, Smt.Shashi Kataria had been promoted i.e. with effect from 10.2.2011.
Learned counsel for the parties are agreed that insofar as the fixation in the final seniority is concerned, the name of the petitioner has been entered at Serial No.812-A i.e. below one Shri Rattan Lal and above Smt.Shashi Kataria. Learned counsel for the petitioner concedes that such fixation of seniority is in accordance with the statutory rules and the petitioner's grievance in regard thereto stands redressed.
Mr.Rathee, learned Senior Deputy Advocate General, Haryana also apprises the Court that consequential benefits with regard to the ACP benefit have also been sanctioned in favour of the petitioner. Towards such assertion made on behalf of the State, learned counsel for the petitioner would submit that even though the benefit of second ACP has been sanctioned with effect from the correct date i.e. 1.1.2002 but as regards the 3rd ACP is concerned, the sanction has been granted w.e.f. 1.2.2010, whereas the claim raised is w.e.f. 1.1.2006.
Accordingly, learned counsel for the petitioner would submit that the claim that still survives in the instant writ petition is with regard to consideration for promotion to the post of Senior Medical Officer w.e.f. 10.2.2011 that is the date his junior, namely, Smt.Shashi Kataria had been so promoted and for the grant of benefit of 3rd ACP w.e.f. 1.1.2006 instead of 1.2.2010.
Learned counsel for the State very fairly makes a statement that the respondents shall give due consideration to CIVIL WRIT PETITION NO.5113 OF 2011 3 the afore-noticed two claims in the light of the relevant instructions issued by the State on the subject and a specific order in relation thereto will be passed within the period of three months from the date of receipt of a certified copy of this order.
Writ petition is disposed of accordingly.
( TEJINDER SINGH DHINDSA )
JANUARY 09, 2013 JUDGE
SRM