Judge gets promotion 3 years after retirement

Jupinderjit Singh

Tribune News Service

Chandigarh, June 20

Three years after his retirement, Justice JS Khushdil finally got a promotion. His 19-year struggle bore fruit, with the Punjab and Haryana High Court giving him his due with effect from 1999.

Khushdil won the battle after 19 years — 10 years within the department and nine years of legal fight in the High Court. He retired as the District and Sessions Judge, Mansa, in 2015.

Had he got a promotion on time, he would have retired as a senior to 40 judges from the Punjab and Haryana High Court. “It was a rough phase, but justice prevailed,” he told The Tribune. He is currently a member of the Punjab Real Estate Regulatory Authority.

A double bench of Justice AB Chaudhari and PB Bajanthri ordered, “The petitioner (Khushdil) is entitled to a promotion to the post of Additional District and Sessions Judge on a par with the fourth respondent (Justice Inderjit Singh of the Punjab and Haryana High Court) and others from the date when the fourth respondent was promoted with consequential benefits like restoration of seniority.” The judges ordered: “Since the petitioner is stated to have attained the age of superannuation, his pay and pension be fixed, the difference between pay and pension be calculated and disbursed to him.”

Justice Khushdil was appointed the sub-judge-cum-Judicial Magistrate in 1983 in Punjab Civil Services (Judicial Branch).

He was denied a promotion on the grounds that his deputation period of four years and eight months as the Deputy Manager (Inquiry) with the FCI and later Assistant Legal, Remembrancer, with the Punjab State Languages Commission could not be taken into account.

The High Court struck off previous judgements which excluded the deputation period and ordered restoration of his promotion.

Justice Khushdil said: “I wish I could serve in the High Court for a day.”

Why the delay

Justice JS Khushdil was denied a promotion on the grounds that his deputation period of four years and eight months as the Deputy Manager (Inquiry) with the FCI and later Assistant Legal, Remembrancer, with the Punjab State Languages Commission could not be taken into account.