Davinder Singh ORS v. Stat Of Haryana And ORS

CWP No. 20550 of 2021 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 20550 of 2021 (O&M) Date of decision : 7.10.2021 ...

Davinder Singh and others ................Petitioners vs.

State of Haryana and others .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Abhishek K. Premi, Advocate for the petitioners.

Mr. Sharad Aggarwal, Assistant Advocate General, Haryana.

...

H. S. Madaan, J. (Oral) Case taken up through video conferencing.

Petitioners - Davinder Singh, Joginder Kumar, Ripan Kumar, Anil chauhan, Sanjeev Kumar, Rajeev Kumar, Santosh Kumar, Vinay Kumar and Rajesh Kumar, all of them working in Municipal Corporation, Yamuna Nagar, have brought the instant civil writ petition against respondents - State of Haryana, through Principal Secretary to Government of Haryana, Urban Local Bodies Department, Mini Secretariat, Chandigarh; The Director General, Fire Services, Haryana, Panchkula and Commissioner, Municipal

CWP No. 20550 of 2021 -2Corporation, Yamuna Nagar, craving for issuance of a direction to such respondents to consider their case for granting benefit of 1st, 2nd and 3rd Assured Career Progression on completion of 10, 16 and 24 years of service under Haryana Civil Services (Assured Career Progression) Rules, 2008 and Haryana Civil Services (Assured Career Progression) Rules, 2016 or directing the respondents to decide their representations dated 23.8.2021 (Annexures P-6 to P-8). At the very outset, learned counsel for the petitioners has stated that the petitioners would be satisfied, if a direction is issued to the respondents, particularly, respondent no.2 to decide the representations of the petitioners in a time bound manner, as has been done in the case of writ petition filed by similarly placed employees, bearing CWP No. 5497 of 2021, decided on 9.3.2021, titled as Faqir Chand vs. State of Haryana and others, copy of the order being Annexure P-13.

Keeping in view the facts and circumstances of the case, in order to enable the respondents to consider the claim of the petitioners and to avoid unnecessary litigation between the parties, the present writ petition is disposed of directing the respondents, especially, respondent No.2-The Director General, Fire Service, Haryana, Panchkula, to look into the grievances of the petitioners as detailed in their representations Annexures P-6 to P-8 and consider the same in terms of rules, regulations and instructions on the subject and if some action in the matter is warranted, then the needful be done in accordance with law, within a period of two months from the date of receipt of copy of this order, by passing a

CWP No. 20550 of 2021 -3speaking order, copy of which be conveyed to the petitioners, as per Registered A.D. Post.

It is observed that in case it is found that the petitioners are entitled to get any monetary benefits, then the amount be calculated and paid to the petitioners with interest @ 6% per annum, within one month from the date of passing of speaking order. It is further observed that in case after passing of the order in representation, the petitioners still feel dissatisfied, then they may approach the Court again in accordance with law for redressal of their grievances.

( H.S. Madaan ) 7.10.2021 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No