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High Court of Punjab and HaryanaCWP/3700/2024disposed of

Paras v. State Of Punjab And Others

2024-04-05Mr. Justice Namit Kumar2 pages

CWP No.3700 of 2024 (O&M) 2024:PHHC:046224

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.3700 of 2024 (O&M) Date of decision: 05.04.2024 Paras ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Dheeraj Mahajan, Advocate for the petitioner.

Mr. Rajesh Sehgal, Addl. A.G., Punjab for respondents No.1 and 2.

Mr. Sanjeev Soni, Advocate for respondent No.3. NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents - authorities to promote the petitioner from the post of Sewadar to the post of Clerk, in view of Resolution No.79 dated 20.12.2022 (Annexure P-4), passed by respondent No.3, which has not been approved till date. Further direction has been sought to the respondents to consider and decide the representation dated 14.07.2022 (Annexure P-5) filed by the petitioner. 2.

Learned counsel for the petitioner, at the very outset, confines his prayer for deciding representation dated 14.07.2022 (Annexure P-5). He submits that at this stage, petitioner would be satisfied, if the said representation is decided by passing a speaking order within a time bound frame.

CWP No.3700 of 2024 (O&M) 2024:PHHC:046224 3.

Learned counsel for respondents No.1 and 2 as well as learned counsel for respondent No.3, have no objection to the innocuous prayer made by learned counsel for the petitioner. 4.

I have heard learned counsel for the parties and have gone through the record of the case.

5.

Without expressing any opinion on the merits of the case or the claim being made by the petitioner in the present petition, respondent No.3 is directed to consider and decide the claim made by the petitioner in the representation dated 14.07.2022 (Annexure P-5), in accordance with law, by passing a speaking order, within a period of 03 months, from the date of receipt of certified copy of this order. In case, the petitioner is found held entitled, the necessary benefits be released within a period of 04 weeks thereafter.

6.

The petition stands disposed of.

(NAMIT KUMAR) JUDGE 05.04.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No