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High Court of Punjab and HaryanaCWP/28733/2017disposed of

Bajrang Singh v. State Of Haryana And ORS

2017-12-16Mr. Justice A.B. Chaudhari2 pages

CWP No. 28733 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 28733 of 2017 Date of decision: 16.12.2017 Bajrang Singh ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. B.D. Rana, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks consideration and decision of his legal notice dated 21.09.2017 (Annexure P-4) as it is his grouse that the juniors have been promoted to the post of Clerks. It is the pleaded case of the petitioner that he was appointed as Chowkidar on 03.05.2005 in the Government Vocational Education Institute, Masudpur, Hisar (Annexure P1). Thereafter, on account of transfer of the vocational education scheme to the School Education Department, Haryana, his services were placed at the disposal of Directorate of School Education, Haryana on 24.08.2009 (Annexure P-2).

Respondent no. 4 is stated to be the junior to the petitioner having joined initially on 01.03.2004 but having been allegedly regularized on 04.05.2005. It is stated that he alongwith others was given the benefits of promotion on 14.09.2017 as Clerk in the Haryana School Education Department Subordinate Offices, Ministrial Cadre (Group C) Services (Annexure P-3). In the said order, name of respondent no. 4 figures at Sr. No. 321. The petitioner's grouse is that persons from 321 onwards are junior as they were appointed as Class IV employees on regular basis after Shivani Gupta 2017.12.18 12:50 I attest to the accuracy and integrity of this document

CWP No. 28733 of 2017 the petitioner and, therefore, he should have been also given the benefit of promotion.

Counsel submits that legal notice dated 21.09.2017 (Annexure P-4) has already been served upon the respondents for redressal of his grievances but no action has been taken. Counsel further submits that he would be satisfied if the same is decided within a fixed time frame. Notice of motion.

Mr. Harish Rathee, Sr. DAG, Haryana accepts notice. Copy of the writ petition has been supplied to him.

Keeping in view the above, this Court is of the opinion that no useful purpose would be served to ask the respondents to file reply as the decision making process is still pending.

Accordingly, without commenting on the merits of the case and keeping in view the fact that the matter is still pending consideration, the present writ petition is disposed of with a direction to respondent no. 2 to take a decision on the legal notice dated 21.09.2017 (Annexure P-4) within a period of 2 months from the date of receipt of certified copy of the order. In case any adverse order is to be passed, a reasoned order be passed and conveyed to the petitioner.

16.12.2017 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2017.12.18 12:50 I attest to the accuracy and integrity of this document