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High Court of Punjab and HaryanaCWP/14362/2021disposed of

Ashu v. State Of Haryana And ORS

2021-08-02Mr. Justice Arun Monga2 pages

SHALINI BHATIA 2021.08.02 16:18 I attest to the accuracy and integrity of this document

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-14362-2021 Date of decision: 02.08.2021 Ashu

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. J.S. Maanipur, Advocate, for the petitioner.

Mr. Pankaj Middha, Additional A.G., Haryana.

(Presence marked through Video Conference) ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to regularize his services with effect from the date when his juniors were regularized. 2.

Learned counsel for the petitioner submits that petitioner joined as Beldar on 01.01.1990 and his services were terminated on 01.04.1993. Thereafter, he was reinstated and his services were regularized w.e.f. 01.10.2003. On 27.08.2014, his regularization order was withdrawn. Aggrieved, he filed a CWP No.19219 of 2015 and in the writ proceedings the impugned order was stayed by this Court. The said writ petition is now lying admitted and interim order was allowed to continue. Resultantly, petitioner is being treated in service since 2014. 3.

Learned counsel for the petitioner submits that for mitigation of his grievance, petitioner caused issuance of a legal notice dated 10.03.2021 (Annexure P-4), but to no avail. Hence, the instant petition.

SHALINI BHATIA 2021.08.02 16:18 I attest to the accuracy and integrity of this document 4.

Learned State counsel, on advance service, joins proceedings and states that competent authority shall take appropriate decision on the pending legal notice dated 10.03.2021 (Annexure P-4). 5.

At this stage, learned counsel for the petitioner also agrees that let a final decision be taken, either way, by the competent authority on the pending legal notice dated 10.03.2021 (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 legal notice dated 10.03.2021 (Annexure P4) and also by keeping in view the contentions raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law.

8.

Let the needful be done within a period of 03 months from today.

9.

Disposed of accordingly.

(ARUN MONGA) JUDGE 02.08.2021 vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No