To

The Managing Director

Choudhary Devi Lal Co-operative Sugar Mill Ltd.
Gohana
Subject: For Filing Review Application/Appeal in CWP No.21528 of 2011 decided
on 24.7.2015
Respected Sir,
Humbly submitted that I was appointed as Clerk Seasonal permanent (Clerk
S/P) in pursuance of the appointment letter dated 10.12.2002. As per the Seniority
List as on 10.12.2007, I was the senior most Clerk Seasonal Permanent, as such,
according to the Rules and subsequent instructions, vide order dated 11.4.2011, my
services were regularised and I was designated as General Clerk Regular
Permanent (Clerk R/P) in the same grade and basic pay, but inadvertently, in the
said order, the word PROMOTED was written as under:
Sh. Bhupender Singh s/o Sh. Bhim Singh, Clerk, Seasonal Permanent is hereby
promoted from Clerk (Seasonal Permanent) to General Clerk, Regular Permanent in
the same grade and basic pay. The date of increment will be the same as per the
previous date of increment. The other terms and conditions of his service will also
remain the same.
In fact, it was not a promotion, rather change of designation from seasonal (S/P) to
regular (R/P) as has been done in the cases of
[2]
other employees e.g. S/Sh. Dalbir, Balraj, Arvind, Suresh Kumar, Dinesh Kumar (all
my juniors), Shatrughan, Jorawar Singh, Subhash, Baljit, Virender, Surender Singh,
Rajesh Kumar, Rohtash. The orders of designating these officials from Seasonal
Permanent (S/P) to Regular Permanent (R/P). Since in the order dated 11.4.2011,
the word `PROMOTED' was written, rather than `DESIGNATED', one Rakesh
Kumar, who was appointed as Cook-cum-Chowkidar on 10.12.2002 got a slip to
challenge the order in the Hon'ble Punjab and Haryana High Court by filing the
aforesaid writ petition.
Upon notice of motion, reply by way of affidavit dated 17.1.2014 was filed by
the Sugarmill, wherein, it was categorically mentioned in para 2 that it is misnomer
for writing it promotion, rather there is a regularization of the post of Seasonal
Permanent employee. Further, it was stated in the affidavit in para 7 that Note-1 of
the Service Rules is that regularisation of service from Seasonal to Permanent on

the same post will not be treated as promotion for the purpose of above promotion
in grade/rank promotion. It was also the specific stand that as and when the post of
Clerk fell vacant in any cadre, it is always to be
[3]
filled up from the Permanent Seasonal Employees of all categories i.e. Cane Yard
Supervisor, Power Turbine Attendant, Fitter and Clerk, etc., as in the orders of the
officials, referred to above. The difference between Regular Permanent (R/P) and
Seasonal Permanent (S/P) is that first post holders are working all times in a
year, whereas, on the later post they work in the season only.
Since, it was a case of inadvertently mentioning the word Promoted in place of
designated, therefore, I was of the view that the Sugarmill will safeguard its as well as
my interest by justifying the unintentional mistake in the order dated 11.4.2011, but it
appears that the facts were not made clear at the time of hearing in the Court. The
subsequent Note-1 of the Service Rules, which prescribes for such designation was
not brought to the notice of the Hon'ble High Court and the Hon'ble Court passed the
judgment dated 24.7.2015 allowing the petition by forming a view that feeder posts
for promotion to the post of Clerk are Kamdaar/Daftri/Chowkidar/Peon, etc., but
inadvertently missed the stand of the Sugarmill taken in the written statement that the
applicant was never promoted as he was only designated from Seasonal Permanent
to Regular Permanent. Resultantly, the order dated 11.4.2011 was quashed.
[4]
In view of the above facts, there appears some inadvertent and unintentional
mistake on the part of the Hon'ble Court while passing the above judgment and to
rectify the same, the Sugarmill ought to have filed Review Application/ Appeal, so
that the true facts are brought to the notice of the Hon'ble Court. Since, the judgment
is adverse to my interest, so, I also have a right to file a Review/Appeal, but since, I
was not represented before the Hon'ble Court during the hearing of the writ petition, it
may not be entertained. Thus, your goodself is requested to consider the matter to
take further action of filing Review Application/Appeal, etc. in the Hon'ble High
Court.
Hoping for a sympathetic and kind early consideration, as the period to file a
Review Application/ Appeal in the Hon'ble High Court is very limited.
Yours faithfully,

(Bhupender Singh)
General Clerk

To
The Registrar,
Co-operative Societies, Haryana
Chandigarh.
Sub:

For Filing Review Application/Appeal in

CWP No.21528 of 2011 decided on 24.7.2015

Respected Sir,
Humbly submitted that I was appointed as Clerk Seasonal permanent (Clerk
S/P) in pursuance of the appointment letter dated 9.12.2002. As per the Seniority List
as on 10.12.2007, I was the senior most Clerk Seasonal Permanent (extract Annexure
P-1), as such, according to the Rules and subsequent instructions, vide order dated
11.4.2011 (Annexure-A), my services were regularised and I was designated as
General Clerk Regular Permanent (Clerk R/P) in the same grade and basic pay, but
inadvertently, in the said order, the word PROMOTED was written as under:
Sh.Bhupender Singh s/o Sh.Bhim Singh, Clerk, Seasonal
Permanent is hereby promoted from Clerk (Seasonal Permanent) to
General Clerk, Regular Permanent in the same grade and basic pay. The
date of increment will be the same as per the previous date of increment.
The other terms and conditions of his service will also remain the same.
In fact, it was not a promotion, rather change of designation from seasonal (S/P) to
regular (R/P) as has been done in the cases of
[2]
other employees e.g. S/Sh. Dalbir, Balraj, Arvind, Suresh Kumar, Dinesh Kumar (all
my juniors), Shatrughan, Jorawar Singh, Subhash, Baljit, Virender, Surender Singh,
Rajesh Kumar, Rohtash. The orders of designating these officials from Seasonal
Permanent (S/P) to Regular Permanent (R/P) are enclosed herewith as AnnexuresB to N)
Since in the order dated 10.12.2007, the word `PROMOTED' was written,
rather than `DESIGNATED', one Ramesh Kumar, who was appointed as Cook-cum-

Chowkidar on 7.4.2003 got a slip to challenge the order in the Hon'ble Punjab and
Haryana High Court by filing the aforesaid writ petition.
Upon notice of motion, reply by way of affidavit dated 17.1.2014 was filed by
the Sugarmill, wherein, it was categorically mentioned in para 2 that it is misnomer
for writing it promotion, rather there is a regularization of the post of Seasonal
Permanent employee. Further, it was stated in the affidavit in para 7 that Note-1 of
the Service Rules (Annexure-O) is that regularisation of service from Seasonal to
Permanent on the same post will not be treated as promotion for the purpose of
above promotion in grade/rank promotion. It was also the specific stand that as and
when the post of Clerk fell vacant in any cadre, it is always to be
[3]
filled up from the Permanent Seasonal Employees of all categories i.e. Cane Yard
Supervisor, Power Turbine Attendant, Fitter and Clerk, etc., as in the orders of the
officials, referred to above. The difference between Regular Permanent (R/P) and
Seasonal Permanent (S/P) is that first post holders are working all times in a
year, whereas, on the later post they work in the season only.
Since, it was a case of inadvertently mentioning the word Promoted in place of
designated, therefore, I was of the view that the Sugarmill will safeguard its as well as
my interest by justifying the unintentional mistake in the order dated 11.4.2011, but it
appears that the facts were not made clear at the time of hearing in the Court. The
subsequent Note-1 of the Service Rules, which prescribes for such designation was
not brought to the notice of the Hon'ble High Court and the Hon'ble Court passed the
judgment dated 24.7.2015 (Annexure-P) allowing the petition by forming a view that
feeder posts for promotion to the post of Clerk are Kamdaar/Daftri/Chowkidar/Peon,
etc., but inadvertently missed the stand of the Sugarmill taken in the written statement
that the applicant was never promoted as he was only designated from Seasonal
Permanent to Regular Permanent. Resultantly, the

[4]
order dated 11.4.2011 was quashed.
In view of the above facts, there appears some inadvertent and unintentional
mistake on the part of the Hon'ble Court while passing the above judgment and to
rectify the same, the Sugarmill ought to have filed Review Application/ Appeal, so
that the true facts are brought to the notice of the Hon'ble Court. Since, the judgment
is adverse to my interest, so, I also have a right to file a Review/Appeal, but since, I
was not represented before the Hon'ble Court during the hearing of the writ petition, it
may not be entertained. Thus, your goodself is requested to consider the matter to
take further action of filing Review Application/Appeal, etc. in the Hon'ble High
Court.
Hoping for a sympathetic and kind early consideration, as the period to file a
Review Application/ Appeal in the Hon'ble High Court is very limited.
Yours faithfully,
Dated:_______

(Bhupender Singh)
Clerk
Choudhary Devi Lal Co-operative Sugar Mill Ltd.
Gohana

Encls: Annexure-A to P