Baljit Singh And Another v. State Of Punjab & ORS

CWP-30020-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CWP-30020-2018 (O&M).

Decided on: November 28, 2018.

Baljit Singh and another .. Petitioners

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR.JUSTICE JASWANT SINGH * * * PRESENT Mr.R.K.Shukla, Advocate, for the petitioners.

JASWANT SINGH, J. (ORAL) Petitioner No.1 Baljit Singh is stated to be serving as Assistant Revenue Clerk whereas petitioner No.2, Pardeep Kumar, is stated to be working as Canal Pawari. They are seeking quashing of reply dated 6.3.2018 (Annexure P16), of the Irrigation Department to the legal notice issued by the petitioners, whereby information has been provided for not promoting the petitioners at the time when their juniors were promoted. A prayer for issuing of a mandamus has been made for promoting the petitioners as ARC w.e.f. the date their juniors were promoted in the years 2004, 2005, 2007 and 2009 etc. RAJ KUMAR ARORA 2018.11.29 10:03 I attest to the accuracy and integrity of this document

CWP-30020-2018 (O&M) After hearing the counsel for the petitioners, this Court finds no reasons to invoke the writ jurisdiction as the reply dated 6.3.2018, Annexure P16, not being an order, cannot be quashed. The prayer of the petitioners as regards claiming promotion with effect from the dates their juniors were promoted lastly way back in the year 2013, also cannot be considered being hit by the principle of delay and latches. That apart, there is no challenge to the promotion orders which otherwise cannot be even challenged in a civil suit based on the law of limitation being beyond three years.

Dismissed.

(JASWANT SINGH) JUDGE November 28, 2018.

raj arora Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2018.11.29 10:03 I attest to the accuracy and integrity of this document