Vinod Kumar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 7703 of 2024 Date of Decision: 11.03.2025 Vinod Kumar ....Petitioner vs.

State of Haryana and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Kuldeep Khandelwal, Advocate and Mr. Ashish Kumar Sharma, Advocate for the petitioner Ms. Rajni Gupta, Addl.A.G, Haryana Mr. Anil Chawla, Advocate for respondents No. 2 to 5 *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of communication dated 21.02.2024.

2.

Written statement alongwith annexures filed on behalf of respondents No. 2 to 5 is taken on record. Registry is directed to tag the same at appropriate place.

3.

The petitioner joined respondent as Chowkidar on 19.03.1997. He, from time to time, was promoted. Initially he was promoted to the post of Mechanical Helper, then to Fitter Grade-II Mechanical and then to Mechanical Fitter. He was initially granted ITI pay scale which was later on PARAMJIT KAUR SAINI 2025.03.11 04:49 I attest to the accuracy and integrity of this document

CWP No. 7703 of 2024 -2withdrawn. He preferred CWP No. 2625 of 2013 before this Court seeking direction to respondent to restore ITI pay scale. The said petition was disposed of vide order dated 20.02.2018 with a direction to respondent to consider petitioner's claim. The respondent pursuant to direction of this Court, passed order dated 18.05.2018 whereby ITI scale was restored. The respondent vide communication dated 21.02.2024 again withdrew ITI scale. 4.

Counsel for the parties are ad idem that during the pendency of instant petition, respondent has passed order dated 07.03.2025 whereby order dated 18.05.2018 (sic 18.05.2025) has been withdrawn. 5.

On being confronted with orders dated 07.03.2025 and 18.05.2018 passed by Superintending Engineer, Mr. Chawla expressed his inability to controvert the fact that order dated 18.05.2018 was a speaking order and it has been withdrawn by a non-speaking and unreasoned order. 6.

In the backdrop, communication dated 21.02.2024 and the order dated 07.03.2025 are hereby set aside with liberty to respondent to pass a fresh reasoned and speaking order after granting an opportunity of hearing to the petitioner.

7.

Disposed of in the above terms.

(JAGMOHAN BANSAL) JUDGE 11.03.2025 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2025.03.11 04:49 I attest to the accuracy and integrity of this document