Vijay Singh v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-17186-2021 Date of decision: 03.09.2021 Vijay Singh

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Mazlish Khan, Advocate, for the petitioner.

Mr. Saurabh Mohunta, DAG, 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 respondent No.2 to consider his claim for the post of Information Assistant under National Health Mission. 2.

Learned counsel for the petitioner submits that petitioner suffered medical illness during service on 12.08.2014. He was taken to Sehaj Sambhav Hospital, Uttam Nagar, New Delhi where he remained admitted from 14.08.2014 to 11.09.2014. He submits that on 13.08.2014, father of the petitioner applied leave application of the petitioner, which was forwarded to CHC, Punhana by the concerned medical officer. He further submits that petitioner also submitted his medical documents well within time. On perusal thereof, respondent No.4 favourably recommended his case. And yet, petitioner has not been allowed to join back/adjusted. He submits that other employees working under the NHM have been adjusted even after two years by the department keeping in view the instructions dated 27.03.2018. 3.

He further submits that qua his aforesaid grievance, he submitted representations dated 16.05.2016 followed by 31.03.2021 but to no avail. Hence, the instant petition.

4.

Notice of motion.

VANDANA 2021.09.04 12:49 I attest to the accuracy and integrity of this document

5.

On advance service, learned State counsel joins proceedings and accepts notice on behalf of the respondent-State of Haryana and seeks time to file reply.

6.

At this stage, learned counsel for the petitioner submits that let a final decision be taken, by the competent authority on the pending representation dated 31.03.2021 (Annexure P-12). 7.

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.

8.

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 representation dated 31.03.2021 (Annexure P12) 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.

9.

Let the needful be done as expeditiously as possible but not later than 3 months from today.

10.

It would be open to the competent authority to get the medical condition/past record of the petitioner verified as has been pleaded in the petition and noted hereinabove.

11.

Disposed of accordingly.

03.09.2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2021.09.04 12:49 I attest to the accuracy and integrity of this document