Ram Kumar And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19524-2020 (O&M) Date of Decision: 18.11.2020 Ram Kumar and others

...Petitioners

Vs.

State of Haryana and others

...Respondents

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

Mr. Sanjiv Kumar Aggarwal, Advocate, for the petitioners.

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

Mr. Gaurav Rana, Advocate, for the caveator.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petitioners herein, inter alia, seek issuance of a writ in the nature of mandamus directing respondents No.4 and 5 not to change their seniority list and not to revert them on the basis of letters dated 30.09.2019 and 04.11.2020 (Annexures P-9 and P-11).

2.

Learned counsel for the petitioners submits that the proposed action of respondents No.4 and 5 to revert the petitioners, by not counting their previous service rendered by them in the previous departments prior to appointment on transfer basis, is illegal. In the premise, petitioners caused issuance of a legal notice dated 21.07.2020 (Annexure P-10) followed by representation dated 09.11.2020 (Annexure P-12), but the same have not been adverted by the respondents till date. Hence, the instant petition. 3.

Notice of motion.

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. SONU 2020.11.19 16:18 I attest to the accuracy and integrity of this document

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 legal notice dated 21.07.2020 (Annexure P-10) and also by keeping in view the contentions stated in the present petition by treating the same as 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.

It is expected of the official respondents not to take any adverse action until passing of the speaking order.

9.

Petition stands disposed of accordingly.

NOVEMBER 18, 2020 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable Yes/No SONU 2020.11.19 16:18 I attest to the accuracy and integrity of this document