Jai Bhagwan v. State Of Haryana And Others

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.22.07.2019 Jai Bhagwan

...Petitioner

Vs State of Haryana and others ..Respondents CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Baldev Singh Badhran, Advocate for the petitioner.

Mr. Lokesh Sinhal, Advocate for respondents No.3 and 4.

Mr. Abhishek K. Premi, Advocate for Mr. Amit Jhanji, Advocate for respondents No.5 and 6.

-.- AMIT RAWAL J. (ORAL) Prayer in writ petition is as follows:- "Civil Writ Petition under Article 226/227 of the Constitution of India for issuance of writ in the nature of certiorari/mandamus or any other appropriate writ/order or direction for quashing the impugned order of promotion order of respondent No.5 from Assistant Draftsman/Head Draftsman/Circle Head Draftsman to the post of Sub Divisional Engineer (Electrical) Annexure P-9 dated 5.07.2011 and Annexure P-10 dated 20.11.2013.

And Quash promotion orders of respondent No.6 from Assistant Draftsman/Head Draftsman to the post of SubDivisional Engineer (Electrical) Annexure P15 dated

-22.11.1995 and Annexure P-15A dated 11.01.1996. And Further to quash the orders of promotion of respondent No.6 to the post on the post of Executive Engineer (Annexure P-18 and P-19) in the Department of Haryana State Agriculture Marketing Board, being not qualified and not eligible for this post and also against the non sanctioned post, and also giving them current duty charge is contrary to the instruction issued by the department in the year 2005 and later on in 2016. And/or And to stay the operation of their impugned promotion to the post of Sub Divisional Engineer (Electrical) during the pendency of present writ petition as they are not eligible and qualified and the whole actions and orders passed by them will be void which clearly affects the administrative actions/financial actions taken by them during the period of their services;

And/Or Issuance of a writ in the nature of mandamus directing the official respondents to promote the petitioner to the post of Sub Divisional Engineer (Electrical) in the department of Haryana State Agriculture Marketing Board, being fully and duly eligible for the above said post;

And/Or

-3Issue any other order or direction which this Hon'ble Court may deem fit and proper in the present facts and circumstances of the case.

Learned counsel for petitioner submitted that respondents No.5 was appointed as Tracer on 6.3.1981 and promoted to the post of Assistant Draftsman (Electrical) on 4.10.1991 and SDE (Electrical) on 5.7.2011 and respondent No.6 on 11.01.1996. They could not be promoted to the post of SDE ignoring the petitioner. I am afraid aforementioned grievance of petitioner cannot be redressed in 2017 as it is hit by doctrine akin to delay and latches.

Dismissed.

(AMIT RAWAL) JUDGE July 22, 2019 Pankaj* Whether speaking/reasoned Yes Whether reportable No