Pardeep Kumar And Another v. State Of Punjab And Another

CWP-5582-2024 2024:PHHC:035730

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-5582-2024 Date of decision: 13.03.2024 Pardeep Kumar and another ....Petitioners

Versus

State of Punjab and another

...Respondents

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

Mr. Jatinderpal Singh, Advocate for the petitioners. ***** 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 the respondents to consider the case of petitioners for promotion as Naib Tehsildar from the rank of Senior Assistant and further directing the respondents to place on record the entire promotion proceedings undertaken by them.

2.

Learned counsel would submit that the petitioners are entitled for promotion to the post of Naib Tehsildar in consonance with 'The Punjab Naib Tehsildars (Group B) Service Rules, 2019', having requisite experience in terms of the Rules and after clearing the Departmental Examination, their names had figured at number 11 and 12 of the final seniority list, Annexure P4. The grievance of the petitioners is that the persons junior to them from serial number 13 to 23 have been granted current duty charge while they have not. He places reliance on the judgment of this Court passed in Shingara Chand and others vs. Punjab Water Supply & Sewerage Board and others, 2000(2) S.C.T. 195. In this regard, a representation dated 03.01.2024, Annexure P-10, has been submitted to respondent No.2, which has yet not evoked any response. HAMANT 2024.03.13 19:22 I attest to the accuracy and integrity of this order/judgment

CWP-5582-2024 2024:PHHC:035730 He thus, at this stage, on instructions, submits that the petitioners are 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 them an opportunity of hearing.

3.

Notice of motion.

4.

At the asking of the Court, Mr. Swapan Shorey, DAG, Punjab accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

5.

In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondent No.2 to consider the representation dated 03.01.2024, Annexure P-10 and decide the same taking note of the aforesaid judgment as referred to by learned counsel for the petitioners, within a period of six months and .

(AMAN CHAUDHARY) JUDGE 13.03.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.03.13 19:22 I attest to the accuracy and integrity of this order/judgment