Madan Bala v. State Of Punjab And Another

CWP-1070-2022 2024:PHHC:029859

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-1070-2022 Date of decision: 01.03.2024 Madan Bala ....Petitioner

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Ravish Bansal, Advocate for the petitioner. Mr. A.S. Bains, AAG, Punjab.

***** AMAN CHAUDHARY. J.

1.

The prayer in the present Civil Writ Petition filed under Articles 226/227 of the Constitution of India, is to issue a writ in the nature of mandamus, for directing respondent Nos.1 to 2 to grant promotion to the petitioner to the post of Multipurpose Health Supervisor (Female) being eligible w.e.f. 28.08.2019, when employees junior to her were promoted.

2.

Learned counsel would submit that this was primarily on account of the fact that an FIR was registered against the petitioner on 08.02.2016, wherein, she stands acquitted vide judgment dated 09.08.2023. However, still she was not considered for promotion. In this regard, a representation dated 25.08.2023 through registered post to respondent No.2 has been submitted, which has yet not evoked any response and the petitioner is to retire on 31.03.2024. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to respondent No.2 to decide the same in a time bound manner by granting her an opportunity of hearing. 3.

Learned State counsel has no objection to the limited prayer made. 4.

In view of the aforesaid and without commenting upon the merits of HAMANT 2024.03.04 13:22 I attest to the accuracy and integrity of this order/judgment

CWP-1070-2022 2024:PHHC:029859 the case, this petition is hereby disposed of with a direction to respondent No.2 to consider the representation dated 25.08.2023 and decide the same taking note of the pleas raised, within a period of four months and if found entitled, necessary benefit be granted to her forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating the petitioner therewith. (AMAN CHAUDHARY) JUDGE 01.03.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.03.04 13:22 I attest to the accuracy and integrity of this order/judgment