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High Court of Punjab and HaryanaCOCP/2171/2017disposed of

Rama Sharma v. Vini Mahajan Ias & ANR

2018-03-19Mr. Justice S.P. Bangarh2 pages

CM 5381-CII/2018 in/and COCP 2171/2017 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CM 5381-CII/2018 in/and COCP 2171/2017 (O&M) Date of decision:19.03.2018.

Dr.Rama Sharma ..............Petitioner v.

Vini Mahajan,IAS and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Manu K.Bhandari,Advocate for the petitioner Mr.Manoj Bajaj,Addl.Advocate General,Punjab for respondents Jaswant Singh,J,(Oral).

The writ petition filed by the petitioner bearing CWP 7121/2015 was allowed vide order dated 11.5.2016 directing the respondents to consider the case of the petitioner for promotion as District Ayurvedic and Unani Officer from the date her juniors were promoted with all consequential benefits flowing therefrom. Present contempt was filed since the petitioner was promoted with retrospective effect from 9.9.2015 instead of 30.1.2015 when some other admitted juniors were promoted.

State, by way of CM 5381-CII/2018 has placed on record a fresh order dated 9.2.2018 passed by the Government whereby the petitioner has been promoted w.e.f. 30.1.2015 with all consequential benefits. CM is allowed. The said order is taken on record. Counsel for the petitioner submits that although the promotion Rajinder Parshad Joshi 2018.03.19 17:11 I attest to the accuracy and integrity of this document

CM 5381-CII/2018 in/and COCP 2171/2017 (O&M) order with retrospective effect has been passed, however, the arrears have not been released.

Learned State counsel assures that the consequential benefits would be released expeditiously.

In view of the fair stand of the respondents present contempt is disposed of with a positive direction to the competent authority to release all the arrears of salary in the promoted rank w.e.f 30.1.2015 till the date of her superannuation and thereafter also the benefits of consequential retiral benefits within six months w.e.f. 1.4.2018., failing with the Principal Secretary, Health and Family Welfare,Punjab would be liable to be hauled up in contempt.

Copy of this order be supplied to the learned State counsel under the signatures of the Court Secretary.

19.03.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.03.19 17:11 I attest to the accuracy and integrity of this document