1. By way of this petition the petitioner has, inter alia, prayed for the following reliefs:-
“(i) That writ of certiorari may kindly be issued, quashing and setting aside the letter dated 07.08.2016 (Annexure P- 12). since the same has been issued by the respondent department without taking into consideration the factual aspect of the case of the petitioner that Respondent No. 4 to 16 are the junior in all respect as compared to the petitioner in view of the fact that the petitioner was promoted to the post of Junior Scale Stenographer/Junior Assistant w.e.f. 18.08.1982. whereas the private respondents were promoted to the post of Junior Assistant in the year 1983, 1986 & 1987 and all of them were given promotion to the post of Senior Assistant, Superintendent Grade-II, Superintendent Grade-l and Administrative drawing higher pay as compared to the petitioner.
(ii) That writ of mandamus may kindly be issued, directing the respondent authorities to give step-up in the pay to the petitioner from the due date ie, w.e.f 20.05.1986 with all consequential benefits, since the juniors to the petitioner i.e. private respondents, they were drawing higher pay as Senior Assistant as compared to the petitioner.
(iii) That writ of mandamus may kindly be issued, directing the respondents to extend the benefit of promotion to the petitioner w.e.f. 20.05.1986 to the post of Senior Assistant with all consequential benefits when the junior person i.e. Respondent No. 16 was given the same and similar benefit in terms of the old Recruitment & Promotion Rules and thereafter the subsequent promotions to the post of Superintendent Grade-II, Superintendent Grade-1 and Administrative Officer with all consequential benefits from the date when the junior persons Le, private respondents were extended the same and similar benefits.
(iv) That writ of mandamus may kindly be issued, directing the respondents to carry the re-fixation of pay of the petitioner we.f. 20.05.1986 till his retirement ie. 30.11.2008 and after retirement, the pension of the petitioner may also be re-fixed.”
2. When the case was heard on 15.05.2024, the following order was passed:-
“Heard further. There is nothing on record from which, it can be inferred that after the promotion of the petitioner to the post of Senior Assistant he gained seniority or was otherwise place senior to Sh. Kehar Singh, with whom the petitioner is seeking parity as far as fixation of pay scale is concerned.
Faced with this situation, learned counsel for the petitioner submits that he may be granted some time to bring on record the necessary documents in this regard. Let needful be done within a period of four weeks. List thereafter. Released as a part heard matter.”
3. Thereafter on 30.09.2024, the following order was passed by the Court:-
“Learned counsel for the petitioner submits that the petitioner has not been able to gather information to demonstrate that after promotion of the petitioner as a Senior Assistant he either gained seniority or was otherwise placed senior to Kehar Singh, with whom the petitioner is seeking seniority as far as fixation of pay scale is concerned. He submits that some more time be granted to do the needful.
As prayed for, list on 24.10.2024. It is made clear that in case necessary documents are not placed on record by the said date, then appropriate orders will be passed by the Court.”
4. Today, learned Counsel appearing for the petitioner has not been able to substantiate by way of documents or otherwise that as far as the post of Senior Assistant is concerned, the petitioner was in any manner senior to Shri Kehar Singh. This being the case, as Kehar Singh was senior to the petitioner, as far as the post of Senior Assistant is concerned, the petitioner cannot claim paritywith Kehar Singh by urging that he is senior to Kehar Singh. By referring to the orders of promotion/placement against the post of Junior Scale Stenographer, the petitioner cannot urge that he is entitled to any parity with Kehar Singh for the simple reason that it is the present post which matters and as it has not been demonstrated before the Court that the petitioner indeed is senior to respondent No. 16 ss far as promotion to the post of Senior Assistant is concerned.
Therefore, this Court does not find any merit in the present writ petition and no re-fixation of pay of the petitioner can be ordered by drawing parity with Shri Kehar Singh. Pending miscellaneous applications, if any, stand disposed of accordingly.
