Ram Pal And ORS v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.13814 of 2022 Date of Decision: July 04, 2022 HC/ESI Ram Pal and others

...Petitioners

Versus

State of Haryana and ors.

...Respondents

CORAM:

HON'BLE MRS. JUSTICE JAISHREE THAKUR

Present:

Mr. Deepak Singh Saini, Advocate, for the petitioners.

**** JAISHREE THAKUR, J.(ORAL) The petitioners herein have approached this Court with a prayer for issuance of a writ, order or direction, especially in the nature of mandamus directing the respondents to consider the case of the petitioners as per the judgments rendered by this Court in CWP No.6166 of 2007, titled as "Constable Ravinder Singh and others Vs. State of Haryana and others" and CWP No.6154 of 2007, titled as "Constable Vijay Singh Vs. State of Haryana and others".

Learned counsel for the petitioners submits that the petitioners were enrolled as Constable in the year 1989 in different districts of Haryana. Thereafter, the petitioners passed the Lower School Course in different years ranging from 2004-2005 and 2008-2009. After having passed the said Lower School Course, the petitioners would be entitled to be considered for promotion to the rank of Head Constable taking into account the date they passed the aforesaid course. However, the persons, who are juniors to them, stand promoted by ignoring the claim of the petitioners herein. SONIKA 2022.07.06 10:45 I attest to the accuracy and authenticity of this order/judgment Chandigarh

CWP No.13814 of 2022 -2Learned counsel for the petitioners contends that the judgments rendered by this Court would be fully applicable to the case of the petitioners and, therefore, they would be entitled for the relief claimed. At this stage, counsel for the petitioners states that he would be satisfied, in case, claim of the petitioners is decided by the Director General of Police, Haryana in view of the fact that legal notice dated 05.09.2021 was sent to the Additional Chief Secretary to Government of Haryana and the Director General of Police, Haryana, however, the reply to the legal notice has been filed by a person not competent to do so. It is further submitted that moreover, the reply so filed does not deal with the contention that juniors stand promoted.

Notice of motion.

Mr. Tapan Yadav, Deputy Advocate General, Haryana, who is present in Court accepts notice on behalf of the respondents. In view of the limited prayer made as noticed above, the instant writ petition is disposed of with the direction to respondent No.2 to look into the matter and take an appropriate decision in accordance with law within a period of 04 months from the date of receipt of certified copy of this order. The present writ petition itself shall be treated as representation on behalf of the petitioners.

July 04, 2022 (JAISHREE THAKUR) sonika JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No SONIKA 2022.07.06 10:45 I attest to the accuracy and authenticity of this order/judgment Chandigarh