Yogender And ORS v. State Of Haryana And Others

121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3373-2022 Date of Decision:03.03.2022 YOGENDER AND ORS.

...Petitioners

Versus

STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. S.K. Malik, Advocate for the petitioners.

Ms. Kirti Singh, D.A.G., Haryana.

(Presence marked through Video Conference) ARUN MONGA, J. (ORAL) Petitioners herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to promote them on the post of Assistant with effect from the date their juniors have been appointed along with all consequential benefits.

2.

Learned counsel for the petitioners submits that the petitioners were appointed as Clerks on contract basis in the year 2001 to 2010. The services of the petitioners were regularized w.e.f. 25.08.2014 in pursuance of Haryana Government policy dated 18/20.06.2014 after completion of their three years of service but being senior and eligible for promotion to the post of Assistant, their claim has been ignored by promoting the employees, who were junior to them. Learned counsel further submits that qua their aforesaid grievance, petitioners submitted representations dated 16.11.2021, 25.11.2021 and legal notice dated 16.12.2021 (Annexures P-7, P-8 and P-20, respectively), but to no avail. Hence, the instant petition. 3.

Learned State counsel, on advance service, joins proceedings and states that competent authority shall take appropriate decision on the pending representations dated 16.11.2021 and 25.11.2021 (Annexures P-7 and P-8, respectively).

GURPREET KAUR 2022.03.04 08:41 I attest to the accuracy and integrity of this document

4.

At this stage, learned counsel for the petitioners also agrees that let a final decision is taken, either way, by the competent authority on the pending representations dated 16.11.2021 and 25.11.2021 (Annexures P-7 and P-8, respectively), giving reasons thereof. 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 petitioners as per representations dated 16.11.2021 and 25.11.2021 (Annexures P-7 and P-8, respectively) and keeping in view the contention raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law. 7.

Let the needful be done within a period of 30 days from today. 8.

Disposed of accordingly.

(ARUN MONGA) JUDGE 03.03.2022 gurpreet Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2022.03.04 08:41 I attest to the accuracy and integrity of this document