High Court of Punjab and HaryanaCWP/15508/2021disposed of

Virender Kumar v. State Of Haryana And Others

2021-08-13Mr. Justice Gurmeet Singh Sandhawalia2 pages

119 CWP-15508-2021 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

Civil Writ Petition No.15508 of 2021 (O&M) Date of Decision: August 13, 2021 Virender Kumar ..........Petitioner.

VERSUS

State of Haryana and others ........Respondent.

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

Present:

Mr. S.K. Malik, 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 promotion to the post of TGT English from the date, his juniors have been promoted on 30.07.2018 and a decision on his legal notice dated 16.04.2021 (Annexure P-8). Counsel for the petitioner submits that challenge has also been made to the order dated 24.05.2018 (Annexure P-5), whereby his case was rejected on the ground that petitioner did not have English as teaching subject in B.Ed and has been held as not eligible. It is submitted that similarly situated persons have been promoted and a legal notice dated 16.04.2021 (Annexure P-8) has, thus, been moved on that account. He submits that the said similarly situated candidates have approached this SACHIN MEHTA 2021.08.13 17:16 I attest to the accuracy and authenticity of this document High Court, Chandigarh

119 CWP-15508-2021 -2Court and directions have been issued to consider their case for promotion. In such circumstance, counsel restricts his relief to the decision on the legal notice dated 16.04.2021 (Annexure P-8).

Notice of motion.

Mr. Gaurav Jindal, Addl. A.G. Haryana accepts notice on behalf of 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 legal notice (Annexure P-8) within 3 months on receipt of certified copy of this order, unfettered by the earlier decision dated 24.05.2018 (Annexure P-5). 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 13, 2021 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2021.08.13 17:16 I attest to the accuracy and authenticity of this document High Court, Chandigarh