Hari Shankar Sharma And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19342-2020 (O&M) Date of Decision: 16.11.2020 Hari Shankar Sharma and others

...Petitioners

Vs.

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Ram Niwas Sharma, Advocate, for the petitioners.

Ms. Ranjana Shahi, Additional A.G., Haryana.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petitioners herein, inter alia, seek issuance of a writ in the nature of mandamus directing the respondents to consider their claim for promotion to the post of Headmaster High School with effect from the date when their juniors were promoted vide order dated 21.07.2020 along with all consequential benefits.

2.

Learned counsel for the petitioners submits that respondents have promoted the Elementary School Head Master/TGT to the post of High School Headmasters vide order dated 21.07.2020 under Haryana State Education School Cadre (Group B) Service Rules, 2012. He further submits that petitioners also requested the respondents to consider their claim in terms thereof but to no avail. In the premise, petitioners caused issuance of legal notice dated 18.08.2020 (Annexure P-5), but the same has also not been adverted by the respondents till date. Hence, the instant petition. 3.

Notice of motion.

SONU 2020.11.17 19:00 I attest to the accuracy and integrity of this document

4.

Ms. Ranjana Shahi, Additional A.G., Haryana, who has joined proceedings on service of advance copy of the petition appears and accepts notice on behalf of the respondent-State of Haryana. 5.

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.

6.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to decide their legal notice dated 18.08.2020 (Annexure P-5) and also by keeping in view the contentions stated in the present writ petition by treating it as a supplementary representation and pass a speaking order, in accordance with law. 7.

Let the needful be done within a period of 3 months from today. 8.

Petition stands disposed of accordingly.

NOVEMBER 16, 2020 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable Yes/No SONU 2020.11.17 19:00 I attest to the accuracy and integrity of this document