Twenty-seven years on, HC directs Haryana to restore full benefits to employee

According to the record, the State later promoted Kumar with retrospective effect from October 27, 1998, the date on which his juniors were promoted. This was in line with Haryana government instructions dated January 17, 2001. The promotion order was issued on January 9, 2002. However, it was only a notional promotion and did not extend any monetary benefits.

The court observed that the stand of the respondents showed that the petitioner was legitimately entitled to promotion from the date his junior was promoted. Despite acknowledging this entitlement, the authorities failed to grant increments and revise his pay scale, even though they had promoted him retrospectively. “The petitioner has suffered not only financial loss but also mental distress, stagnation in career progression and unwarranted denial of dignity in service,” the court noted, adding that the delay could not be justified as the State itself admitted the petitioner’s claim.

Relying on a full bench ruling in A.J. Randhawa Supdg Engineer vs State of Punjab and others (1997), which held that government employees are entitled to timely disbursement of retiral and service benefits and interest on delayed payments, the court reiterated that any administrative lapse causing loss to an employee must be compensated. The judgment emphasised that an employee should not bear the consequences of the State’s inaction.

Directing the State to “get the wheels of justice in motion”, the court ordered Haryana to release arrears accruing to the petitioner for the period between October 27, 1998, and January 9, 2002, along with interest at nine per cent per annum. The payment is to be made within two months. The court said this would restore the petitioner to the position he ought to have enjoyed and compensate him for the benefits that were denied to him illegally.