Rakesh Kumar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 10150 of 2022 Date of Decision: 12.05.2022 Rakesh Kumar

...Petitioner

Versus

State of Haryana and others

...Respondents

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

Mr. Karan Singh, Advocate, for the petitioner.

Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks quashing of impugned order dated 31.12.2020 (Annexure P-8) whereby services of the petitioner have been terminated for non-production of Sports Gradation Certificate. Further prayer has been made for issuance of Sports Gradation Certificate under the policy dated 25.05.2018 (Annexure P-1A). 2.

Respondent-Haryana Staff Selection Commission (hereinafter referred to as "the Commission") advertised 18,218 posts of Group D in various departments of State of Haryana, vide advertisement dated 26.08.2018 (Annexure P-1). Petitioner being eligible applied for the post of Group D under the Sports Person Category. He qualified the written test and was selected on the post of Peon. He was posted as Peon in the office of Deputy Commissioner, Charkhi Dadri. Vide letter dated 24.07.2019 (Annexure P-6), all the selected candidates were directed to submit their Sports Gradation Certificates by 31.08.2019. Aggrieved by the letter dated 24.07.2019, a number of persons filed writ petitions in this Court. Thereafter, Government of Haryana issued instructions dated 10.11.2020 (Annexure P-7). Notwithstanding, the petitioner was not given SHALINI BHATIA 2022.05.24 14:06 I attest to the accuracy and authenticity of this document.

CWP-10150-2022 gradation certificate and therefore, respondent-Commission terminated his services vide impugned termination order dated 31.12.2020 (Annexure P8). 3.

Petitioner submitted written application/representation dated 25.10.2021 (Annexue P-12) to respondent. Verification of Certificate Annexure P-4 was done on 06.04.2022 vide Annexure P-14. And yet, till date he has not been issued the gradation certificate. Hence, the petition. 4.

On advance service, learned State counsel appears and submits that a decision will be taken by competent authority, either way, on the pending representation dated 25.10.2021 (Annexure P-12). 5.

At this stage, learned counsel for the petitioner also seeks decision on the pending representation, as suggested by learned State counsel.

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 instant writ petition is disposed of with a direction to the respondents to look into the representation dated 25.10.2021 (Annexure P-12) of the petitioner and pass an administrative order, in accordance with law. In case the Sports Gradation Certificate, after verification is found to be genuine, benefit qua the same be accorded to the petitioner in accordance with law. 8.

Let the needful be done within period of 30 days from today. 9.

Disposed of.

MAY 12, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.05.24 14:06 I attest to the accuracy and authenticity of this document.