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High Court of Punjab and HaryanaCWP/1395/2022disposed of

Shyam Singh v. State Of Haryana And Others

2022-02-08Mr. Justice Arun Monga2 pages

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Present:

Mr. Ram Darshan Yadav, Advocate, for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

(Presence marked through Video Conference) -.- ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to grant him extension in service for a period of two years i.e. from 58 years to 60 years as the petitioner claims to be suffering from 70% permanent disability. 2.

Learned counsel for the petitioner submits that petitioner was appointed as Patwari under Handicapped Category. Petitioner submitted an application dated 01.09.2021 (Annexure P-1) before respondent No.3 for extension of his service for 2 years on the basis of permanent disability. Respondent No.3 i.e. Block Development and Panchayat Officer, Block Rewari recommended and submitted his case before respondent No.2 i.e. Director Panchayat for extension of his service. Respondent No.3 also wrote a letter to the Civil Surgeon, Rewari for assessing his disability and refer his case to respondent No.4, after issuing disability certificate, as per law. Request for issuing the disability certificate to the petitioner is pending with respondent No.4, but to no avail. Hence, the instant petition. VANDANA 2022.02.09 09:35 I attest to the accuracy and authenticity of this document

3.

On advance service, learned State counsel joins proceedings and opposes issuance of notice of motion and submits that competent authority shall take decision either way, on the pending application dated 01.09.2021 of the petitioner, in due course.

4.

Learned counsel for the petitioner also agrees that let a final decision be taken, by the competent authority on the pending application dated 10.01.2022 (Annexure P-5) as well as by treating the present writ petition as his supplementary representation. 5.

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.

6.

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 petitioner as per application dated 01.09.2021 (Annexure P1) and also by keeping in view the contentions raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law.

7.

Needful be done within a period of 60 days from today. 8.

Disposed of accordingly.

(ARUN MONGA) JUDGE February 08, 2022 vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2022.02.09 09:35 I attest to the accuracy and authenticity of this document