Khushal Chand Negi And ORS v. Union Of India And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.1361-2021 DATE OF DECISION : 21.01.2021 Khushal Chand Negi and others

...Petitioners

Versus

Union of India and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Nikhil Anand, Advocate, for the petitioners.

Mr. Satya Pal Jain, Additional Solicitor General of India with Ms. Gurmeet Kaur, Advocate, for the respondents-UOI.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petition herein is under Article 226 of Constitution of India, inter alia, seeking issuance of an appropriate writ directing respondent No.1 to take decision on permanent absorption of the petitioners to the post of Law Officer Grade II. Reliance is placed on the Statutory Provisions of Regular Absorption applicable in BSF as per Chief Law Officers and Law Officers Recruitment and Conditions of Service Rules, 1999 and also keeping in view selection and recommendation of the names of the petitioners made by the duly constituted Selection Board, vide its letter dated 31.07.2020. 2.

Learned counsel for the petitioners submits that petitioners also caused issuance of a legal notice dated 27.10.2020 (Annexure P-10) but to no avail. Hence, the instant petition.

3.

Learned counsel for the petitioners at the threshold submits that he would be satisfied if, at this stage, a final decision is taken on legal notice dated 27.10.2020 (Annexure P-10) within a stipulated time frame. VIVEK PAHWA 2021.01.21 19:20 I attest to the accuracy and integrity of this document

4.

Notice of motion.

5.

Ms. Gurpreet Kaur, Advocate, who has joined proceedings on service of advance copy of this petition accepts notice on behalf of the respondent-UOI.

6.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents, as no further proceedings and/or pleadings are required.

7.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioners as per legal notice dated 27.10.2020 (Annexure P-10) and also by keeping in view the contentions stated in the present petition by treating the same as supplementary representation and decide the same by passing a speaking order, in accordance with law, as expeditiously as possible.

8.

Since it is contended that the deputation period of the petitioners is going to expire on 18.02.2021, in the premise, it would be appreciated if decision on the pending legal notice is taken before the said date.

9.

Disposed of accordingly.

January 21, 2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No VIVEK PAHWA 2021.01.21 19:20 I attest to the accuracy and integrity of this document