Ram Parkash Sharma v. State Of Haryana & ORS.
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Present:
Mr. Salinder Kumar Saini, Advocate, for the applicant/petitioner.
Ms. Kirti Singh, DAG, Haryana.
**** ARUN MONGA, J. (ORAL) CM-14302-CWP-2021 This is an application for fixing some actual date in the main writ petition.
On the last date of hearing, notice in the application was issued and it was ordered to be heard along with CM-5626-CWP-2018 in CWP17757-2010. Since the above said CM-5626-CWP-2018 along with main case has already been disposed of vide a separate order of even date, the main case i.e. CWP No.744 of 2011 is taken up on Board for hearing today itself. Main case Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to grant him promotion by giving the benefit of reservation of 3% in handicapped category from the due date along with all consequential benefits.
2.
Learned counsel for the petitioner submits that petitioner was appointed as J.E. (Electrical). He belongs to handicapped category. He submits that case of the petitioner is squarely covered by the decision rendered in CWP No.12741 of 2009 decided on 18.03.2010 (Annexure P-4), but yet the judgment
therein has not been implemented qua the petitioner herein. Therefore, the action of the respondents not to implement the decision qua all the similarly situated persons is illegal. He submitted representation but to no avail. 3.
Learned counsel points out that against the order/judgment dated 18.03.2010 (Annexure P-4), the State of Haryana filed an SLP and the present case was adjourned sine die. He submits that the controversy has now been settled by Apex Court vide judgment dated 08.10.2013 rendered in Civil Appeal No.9096 of 2013. In the light thereof, State reconsidered the matter. A decision was thus taken that 3% posts be reserved for promotion to Group A. B, C, D w.e.f. the date of Persons With Disability Act came into force. Reliance is also placed on Union of India Notification dated 17/19.4.2017 as well as Notification dated 11.08.2017 issued by the Chief Secretary of state. 4.
On advance service, learned State counsel appears and submits that competent authority shall take decision either way, on the pending representation of the petitioner, in due course. 5.
Learned counsel for the petitioner also agrees that let a final decision be taken, by the competent authority on the pending representation by keeping in view Notifications dated 17/19.04.2017 and 11.08.2017. 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 thegrievance of the petitioner and by treating the present writ petition as supplementary representation and take a decision, in accordance with law, in the light of administrative instructions issued by the State of Haryana. 8.
Let the needful be done within a period of 45 days from today.
9.
In case favorable order is passed, the same shall be implemented within a period of 45 days thereafter.
10.
Disposed of accordingly.
11.
Pending application if any, also stands disposed of. 08.03.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No