Randhir Singh v. State Of Haryana And ORS

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 11.03.2016 Inspector Randhir Singh ....Petitioner versus State of Haryana and others ..Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. S.N. Yadav, Advocate for the applicant-petitioner.

**** RITU BAHRI , J. (Oral) C.M. No. 2768 of 2016 Application is allowed as prayed for.

Accordingly, Annexure P-5 and P-6 are taken on record. C.W.P No. 3819 of 2016 Petitioner is seeking direction to respondent No. 2 to promote him to the rank of DSP w.e.f from the date on which his immediate junior has been promoted and further direction to the respondents to take action on the legal notice dated 04.12.2015 (P-4) Learned counsel for the petitioner has referred to transfer order dated 10.10.1995 whereby petitioner was transferred from Distt Sirsa (Hisar Range) to Distt Yamuna Nagar (Ambala Range). Further

-2reference has been made to order dated 10.09.2014 whereby it has been stated that the petitioner was appointed as P/ASI in 1994 and joined on 24.01.1994 in District Sirsa of IGP/Hisar Range and was transferred to Distt Yamuna Nagar (Ambala Range). He was confirmed as ASI w.e.f 31.01.1998 and brought on promotion list 'E' w.e.f 06.08.2002 and promoted as Sub Inspector w.e.f 07.08.2002 and confirmed as Sub Inspector w.e.f 31.08.2004 in the erstwhile Ambala Range and was allotted Regimental No. A/135 of Ambala Range. Thereafter, was promoted as Inspector on 17.12.2007 and allotted Range No. A/135 vide order dated 27.12.2007 (P-2). Thereafter, petitioner should be promoted to the post of DSP in the year 2012 when all junior to the petitioner were promoted as DSP in Ambala Range.

Vide RTI information (P-3), it has come to the notice of the petitioner that seniority of the petitioner was fixed in Hisar Range Hisar because the petitioner was initially allotted Distrist Sirsa (Hisar). One Vir Singh jinior the petitioner from the date of joining has been promoted as DSP on 12.04.2012.

In this regard, petitioner gave a legal notice dated 04.12.2015, which has not been decided yet.

Learned counsel for the petitioner states, that at this stage, the petitioner will be satisfied, if directions are issued to respondents to

-3decide the legal notice, referred to above. In view of above, without commenting on the merits of the case, this petition is disposed of with a direction to the respondents to decide the legal notice dated 04.12.2015 (P-4) of the petitioner, in accordance with law, preferably within a period of three months from the date of receipt of certified copy of this order. (RITU BAHRI) JUDGE 11.03.2016 G Arora