Joginder Singh And ANR v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP NO. 21985 OF 2020 DATE OF DECISION: 27.04.2022 Joginder Singh and another

...Petitioners

Versus

State of Haryana and others

...Respondents

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

Mr. Ram Pal Verma, Advocate, For the petitioners.

Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petitioners herein, inter alia, seek issuance of a writ in the nature of mandamus directing the respondents to grant promotion to them from the post of Assistant Superintendent Treasury to the post of Assistant Treasury Officer, from the date their juniors were promoted i.e., from 31.08.2020.

2.

Learned State counsel submits that during the pendency of instant writ petition, claim of the petitioners qua promotion has been accepted, as is borne out from para 6 of the written statement dated 03.01.2022, relevant whereof is reproduced here under : "6.

That on the basis of clarification received from the Chief Secretary to Government of Haryana in the said matter, all the remaining five candidates including both the petitioners along with one added eligible employee named Smt. Vimlesh Kumari, have been promoted as Assistant Treasury Officers vide order dated 29.10.2021 w.e.f. 31.08.2020 (Notionally) i.e the date on which their junior Shri Anoop Singh was promoted to the post of Assistant Treasury Officer and as on actual basis from the date on which the incumbents will join on the promotional post. A copy of order dated 29.10.2021 is attached herewith as SHALINI BHATIA 2022.05.10 19:13 I attest to the accuracy and authenticity of this document.

(Annexure R-1) for kind perusal. That in view of the aforesaid order dated 29.10.2021 the present writ petition has become infructuous as both the petitioners have already been promoted to the post of Assistant Treasury Officers as prayed for before the Hon'ble Court by filing the present writ petition."

3.

Per contra, learned counsel for the petitioners submits that promotions have not been effected with effect from the date the same were claimed by the petitioners.

4.

Be that as it may, the petition stands disposed of. However, the petitioners are at liberty to challenge the promotion order and/or the date of promotion, if so advised.

APRIL 27, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.05.10 19:13 I attest to the accuracy and authenticity of this document.