S.K. Sangwan v. State Of Haryana





















IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 

 
 





Date of Decision:



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S.K.Sangwan ...Appellant

Versus

State of Haryana (Respondent "#

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Present:

Mr.Nitin Rathee, Advocate for the appellant.

Ms.Kirti Singh, DAG, Haryana.

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) This intra.court appeal under Clause X of the Letters Patent has been filed against the order dated 31.1.2014 passed by the Learned Single Judge, whereby the writ petition (CWP No.12634 of 2011) filed by the appellant seeking a direction to the respondent. State to grant him arrears of salary with effect from the date of his retrospective promotion, was dismissed.

On 2.7.1984, the appellant was appointed as Senior Scientific Officer in Serology with the respondent - State. On 15.3.1995, one Mr.M.K.Goyal, junior to the appellant, was promoted as Assistant Director (Biology). The promotion of Mr.M.K.Goyal was challenged by the appellant by way of CWP No.4493 of 1995, which GIANENDER KUMAR 2015.08.14 15:02 I attest to the accuracy and integrity of this document



















 was allowed on 19.5.2009 (Annexure P.2) with the following directions:





                  

          

    



  

  

 

      



  

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The Letters Patent Appeal (LPA.648.2009) against the above decision was dismissed on 7.4.2010 (Annexure P.5). In pursuance of the above directions, the appellant was promoted vide order dated 2.6.2010 (Annexure P.6) as Assistant Director (Biology) w.e.f. 21.3.1995; as Deputy Director w.e.f. 6.1.2006 and as Director, FSL, Madhuban w.e.f. 31.3.2009. It was stated that he shall be entitled to the notional benefits i.e., fixation of pay etc. only, but shall not be entitled to arrears of pay for the period he had not actually worked on the promotional posts. Aggrieved at not being granted the arrears of salary, the appellant filed the writ petition, which has been dismissed vide the impugned judgment. The Learned Single Judge observed that though a specific prayer was made by the appellant in the earlier CWP No.

4493 of 1995 for granting him the salary and all other ancillary benefits, but the same had not been granted. The only direction that was given was that the case of the appellant be considered for promotion to the post of Assistant Director (Biology) from the date Sh.M.K. Goyal was promoted.



















 not granted by the Court will be deemed to have been rejected by the Court and would be hit by the principle of res.judicata. Accordingly, it was held that the promotion order has been passed in consonance with the directions dated 19.5.2009 in CWP No.4493 of 1995 as affirmed in the LPA No.648 of 2009.

We do not find any ground to interfere with the aforesaid order of the Ld. Single Judge.

The appellant had accepted the earlier decisions and did not challenge them further. He cannot raise the same issue in a subsequent petition.

Even otherwise the claim of the appellant for the arrears of pay cannot be sustained in view of the principle of `no work no pay'. In    

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the Hon'ble Supreme Court held as under:.

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