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High Court of Punjab and HaryanaCWP/8517/2022disposed of

Dalel Singh v. State Of Haryana And Another

2022-04-26Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP NO. 8517 OF 2022 DATE OF DECISION : 26.04.2022 Dalel Singh

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Sunil K. Nehra, Advocate, for the petitioner.

Mr. Pankaj Midda, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to grant promotion to him in view of instructions dated 25.03.2022 (Annexure P-10) issued by General Administration Department, Government of Haryana, with regard to grant reservation in promotion to the Persons with Benchmark Disabilities under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995. 2.

Learned counsel for the petitioner contends that petitioner is in physically handicapped category. He was appointed as Junior Engineer on 22.10.1992. Thereafter he was directly recruited as Sub Divisional Engineer in handicapped quota on 05.12.2007. Then he was promoted as Executive Engineer on 31.12.2015 and is working since then as such. Vide instructions dated 17.04.2017, 3% horizontal reservation was ordered to be granted to the employees who were physically handicapped. SHALINI BHATIA 2022.05.10 19:04 I attest to the accuracy and authenticity of this document.

3.

In these circumstances, petitioner submitted representation dated 14.12.2017 (Annexure P-4) but the same has not been adverted till date. Hence, the petition.

4.

Learned State counsel appears and submits that competent authority shall take decision either way, on the pending representation dated 14.12.2017 (Annexure P-4) of the petitioner, in due course. 5.

At this stage, learned counsel for the petitioner submits that let a final decision be taken, either way, by the competent authority on the pending representation dated 14.12.2017 (Annexure P-4), giving reasons thereof.

6.

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.

7.

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 14.12.2017 (Annexure P-4) of the petitioner and pass an administrative order, in accordance with law.

8.

Needful be done within a period of four months from today. APRIL 26, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.05.10 19:04 I attest to the accuracy and authenticity of this document.