Kundan Lal v. State Of Haryana And Others

118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6653-2022 Date of Decision:31.03.2022 KUNDAN LAL

...Petitioner

Versus

STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Bhisham Kumar Majoka, 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 consider his claim for promotion as Tehsildar or Superintendent from the date his juniors were promoted.

2.

Learned counsel for the petitioner submits that the petitioner is working as Deputy Superintendent in the Office of Deputy Commissioner, Faridabad for the last approximately 10 years. Despite being eligible he has not been promoted, whereas juniors to him have been. He further submits that after the charge sheets issued to the petitioner under Rules 7 and 8 of the Haryana Civil Services (Punishment and Appeal) Rules 2016 were dropped, a representation dated 14.01.2022 (Annexure P-5) was submitted to respondent No.1, 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 representation dated 14.01.2022 (Annexure P-5). 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 representation dated 14.01.2022 (Annexure P-5), giving reasons thereof.

GURPREET KAUR 2022.04.01 09:19 I attest to the accuracy and integrity of this document

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 representation dated 14.01.2022 (Annexure P-5) 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 as expeditiously as possible but not later than the retirement of the petitioner.

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