Suresh And ORS v. State Of Haryana Etc.

Sr. No.112

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.20531 of 2020 Date of Decision: 02.12.2020 Suresh and others

...Petitioners

Vs.

State of Haryana and others

...Respondents

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

Mr. Arihant Goyal, Advocate, for the petitioners.

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

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petitioners herein seek issuance of a writ in the nature of mandamus directing the respondent-authorities to consider and appoint them against the five vacant posts of MPHW (Male) amongst the reserved category of BC-A as per the merit determined by the commission. 2.

Learned counsel for the petitioner submits that as per information under the RTI Act, against 135 posts of BC-A category, names of 130 candidates have been recommended. Waiting list of candidates was also supplied in which names of the petitioners figured at Sr. No.3, 4 and 6. Candidate at Sr. No.1 in the waiting list has already been adjusted against one of the vacant post due to non joining of one candidate out of the 130 recommended candidates. The petitioners, therefore, deserve to be adjusted against the vacant 5 posts, contends the learned counsel. 3.

Learned counsel for the petitioners further submits that petitioners caused issuance of a legal notice dated 01.09.2020 (Annexure P19) to the respondents but the same has not been adverted to by the respondents till date. Hence, the instant petition. SONU 2020.12.03 12:11 I attest to the accuracy and integrity of this document

4.

Learned counsel for the petitioners submits that he would be satisfied, at this stage, if instant petition is disposed of with a direction to take a final decision on his legal notice dated 01.09.2020 (Annexure P-19) within a stipulated time frame.

5.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents, therefore no notice is being issued to the respondents.

6.

Without commenting on the merits of the case, writ petition is disposed of with a direction to the competent authority to look into the legal notice dated 01.09.2020 (Annexure P-19) and also by keeping in view the contentions raised in the present writ petition by treating the same as supplementary representation and pass a speaking order, in accordance with law, as expeditiously as possible.

7.

Disposed of accordingly.

DECEMBER 02, 2020 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable Yes/No SONU 2020.12.03 12:11 I attest to the accuracy and integrity of this document