Arpinder Singh v. Punjab State Cooperative Supply And Marketing Federation And ORS

2024:PHHC:034729

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-5742-2024 Date of decision: 12.03.2024 Arpinder Singh ....Petitioner

Versus

The Punjab State Cooperative Supply and Marketing Federation (MARKFED) and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Tahaf Bains, Advocate for the petitioner. NAMIT KUMAR J. (Oral) 1.

The present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India seeking a writ of certiorari for quashing the impugned orders dated 25.08.2021 (Annexure P-4), 18.10.2022 (Annexure P-11) and 29.01.2024 (Annexure P-12) passed by respondent No.1, whereby the private respondents No.2 to 11, who are juniors to the petitioner, have been promoted to the post of Senior Branch Officer from Field Officer (G) and further sought a writ of mandamus directing respondent No.1 to consider and promote the petitioner to the post of Senior Branch Officer from the date his juniors have been promoted along with all consequential and monetary benefits. 2.

Learned counsel for the petitioner submits that for claiming the said relief, the petitioner has also submitted legal notice dated 06.02.2024 (Annexure P-13), which is still pending consideration with respondent No.1 and at this stage, the petitioner would be satisfied, if appropriate directions are issued to respondent No.1 to consider and Vinod Kothiyal 2024.03.13 09:50 I attest to the accuracy and authenticity of this document

2024:PHHC:034729 CWP-5742-2024 decide the said legal notice, by passing a speaking order in a time bound manner.

3.

Notice of motion restricted to respondent No.1 only, at this stage.

4.

Mr. Amaninder Preet, Advocate has put in appearance and accepts notice on behalf of respondent No.1 and has no objection to the innocuous prayer made by learned counsel for the petitioner. 5.

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

6.

Without expressing any opinion on the merits of the case or the claim being made by the petitioner in the present petition, respondent No.1 is directed to consider and decide the claim made by the petitioner in the legal notice dated 06.02.2024 (Annexure P-13), in accordance with law, by passing a speaking order, within a period of three 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 four weeks thereafter. 7.

The petition stands disposed of, in the above terms. (NAMIT KUMAR) 12.03.2024 JUDGE kothiyal Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Vinod Kothiyal 2024.03.13 09:50 I attest to the accuracy and authenticity of this document