High Court of Punjab and HaryanaCWP/15038/2021disposed of

Mubarik Hussain v. State Of Haryana And Others

2021-08-09Mr. Justice Gurmeet Singh Sandhawalia2 pages

CWP-15038-2021 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

Civil Writ Petition No.15038 of 2021 Date of Decision: August 09, 2021 Mubarik Hussain ..........Petitioner.

VERSUS

State of Haryana and others ........Respondents.

CORAM:- HON'BLE MR. JUSTICE G. S. SANDHAWALIA

Present:

Mr. Talim Hussain, Advocate for the petitioner.

(The proceedings are being conducted through video conferencing, as per instructions) ******* G.S. SANDHAWALIA, J.(Oral) By filing the present civil writ petition under Articles 226/227 of the Constitution of India, petitioner seeks the relief of consideration for promotion to the post of TGT (Urdu) w.e.f. the date when juniors to him have been promoted, with all consequential benefits. It is submitted that vide order dated 19.02.2020 (Annexure P2), his juniors (private respondents) were promoted to the posts of TGT. It is submitted that the petitioner was appointed as Primary Teacher (JBT) on 04.01.2011 and thus, he is senior to the private respondents. Counsel for the petitioner submits that the petitioner would be satisfied if demand notice dated 25.05.2021 (Annexure P-3) is decided in a fixed time frame.

Mr. Harish Nain, A.A.G. Haryana accepts notice on behalf of SACHIN MEHTA 2021.08.09 15:54 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CWP-15038-2021 -2official respondents .

Keeping in view the limited request made on behalf of petitioner, this Court is of the considered opinion that there is no requirement for receiving reply on behalf of respondents, which will only cause delay in the decision making process.

Accordingly, without commenting upon the merits of the case or the entitlement of the petitioner, the present writ petition is disposed of with direction to respondent No.2 to decide the demand notice (Annexure P-3) within 3 months. In case the petitioner is found entitled for the said benefits, the same be granted to him.

In case the benefits are to be denied or there is a legal impediment, a reasoned order be passed and communicated to the petitioner. ( G. S. SANDHAWALIA ) August 09, 2021 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2021.08.09 15:54 I attest to the accuracy and authenticity of this document High Court, Chandigarh