High Court of Punjab and HaryanaCWP/10842/2023disposed of

Mali Chand v. State Of Haryana And Others

2023-05-18Mr. Justice Harnaresh Singh Gill2 pages

2023:PHHC:072170

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-10842-2023 (O&M) Date of Decision: 18.05.2023 MALI CHAND ... Petitioner

Versus

STATE OF HARYANA AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Vikas Sonak, Advocate for Mr. Deepak Sonak, Advocate for the petitioner.

**** HARNARESH SINGH GILL, J.(Oral) Prayer in this petition is for issuance of a writ in the nature of Mandamus directing the respondents to regularize the services of the petitioner from the date his juniors have been regularized and to grant all the consequential benefits.

Learned counsel for the petitioner submits that the petitioner was appointed as a Part-Time Sweeper on 02.08.2001, against sanctioned post; that the State of Haryana filed a Special Leave Petition (SLP) before the Hon'ble Apex Court challenging the regularization; that the said SLP was dismissed and that, when a contempt petition was filed, the services of the similarly situated employees were regularized. At this stage, learned counsel for the petitioner submits that for redressal of his grievances, the petitioner has served a legal notice dated 18.01.2023 (Annexure P-4), but the same has not been decided till AMAN JAIN 2023.05.18 16:30 I attest to the accuracy and integrity of this document

CWP-10842-2023 (O&M) -2date. He confines his argument to the extent that the respondents be directed to decide the said legal notice in a time bound manner. Notice of motion.

On the asking of this Court, Mr. RS Budhwar, Additional AG Haryana, accepts notice on behalf of the respondents-State and submits that he has no objection if the aforesaid limited prayer made by the learned counsel for the petitioner is allowed. In view of the above, the present petition is disposed of with a direction to respondent No.2-Director General, School Education, to decide legal notice dated 18.01.2023 (Annexure P-4) served by the petitioner, within a period of ten weeks from the receipt of the certified copy of this order, by passing a speaking order, as per law. 18.05.2023 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2023.05.18 16:30 I attest to the accuracy and integrity of this document