Ajay v. State Of Haryana And Others

120 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6676-2022 Date of Decision:31.03.2022 AJAY

...Petitioner

Versus

STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Jaspreet Kaur, Advocate for Mr. Shokeen Singh Verma, Advocate for the petitioner.

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

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to re-issue the appointment letter to him for the post of Peon (Group-D) against Advertisement No.4/2018 under Category No.1.

2.

Learned counsel for the petitioner submits that the petitioner is an ex-serviceman and had applied for the post of Peon (Group-D) pursuant to said advertisement. He was duly selected in the month of June-2020. The petitioner could not join his duties on the date of joining as his mother suffered a sudden attack leaving her paralyzed, due to which she remained admitted at Mittal Clinic, Charkhi Dadri, Haryana. Intimation to this effect was given by petitioner to the respondent authorities. Learned counsel further submits that petitioner could not leave her mother in such precarious condition, but after she recovered a little he approached the respondents. However, no response was received.

Thereafter, he submitted representations dated 21.03.2021, 04.09.2021 and also caused a legal notice dated 26.05.2021 (Annexures P-5, P-8 and P-9, 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 GURPREET KAUR 2022.04.01 09:19 I attest to the accuracy and integrity of this document

pending representations dated 21.03.2021 and 04.09.2021 (Annexures P-5 and P-8, respectively).

4.

At this stage, learned counsel for the petitioner also agrees that let a final decision is taken, either way, by the competent authority on the pending representations dated 21.03.2021 and 04.09.2021 (Annexures P-5 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 petitioner as per representations dated 21.03.2021 and 04.09.2021 (Annexures P-5 and P-8, respectively) and pass orders in accordance with law. It is expected of the respondents to take a sympathetic view of the mitigating circumstances of the petitioner, as more particularly stated in the petition.

7.

Let the needful be done as expeditiously as possible. 8.

Disposed of accordingly.

(ARUN MONGA) JUDGE 31.03.2022 gurpreet Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2022.04.01 09:19 I attest to the accuracy and integrity of this document