Sandeep Kumar v. State Of Haryana And Others

{1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:02.09.2019 Sandeep Kumar ... Petitioner Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Jasbir Mor, Advocate for the petitioner.

AMIT RAWAL J. (Oral) Contention of learned counsel for the petitioner is that in pursuance to advertisement no.4 of 2018 dated 25.08.2018, promulgated by Haryana Staff Selection Commission to fill up 18218 posts of Group D, petitioner being eligible applied for the said post under ESP-General Category as he had participated in Haryana State Cross Country Championship organized by the District Association wherein he stood on first position.

The petitioner was found successful in written examination as well as in interview and accordingly, was issued appointment letter dated 25.01.2019 (Annexure P-8). He submitted joining report on 25.01.2019 (Annexure P-9). However, vide letter dated 24.07.2019 (Annexure P-11), Chief Secretary to Government Haryana informed all the Administrative Secretaries to Government Haryana for submission of the Sports Gradation Certificate by 31.08.2019 as per notification dated 25.05.2018 issued by

{2} Sports & Youth Affairs Department failing which appointment letters would be withdrawn or entailing into termination of the same. The petitioner had already submitted the representations dated 04.09.2018, 27.02.2019 and 06.08.2019 (Annexures P-4, P-10 and P-12), respectively to the District Sports & Youth Affairs Officer/respondent No.5 for issuance of Gradation Certificate but no steps have been taken so far. Notice of motion.

On asking of Court, Mr. R.K.Doon, Assistant Advocate General, Haryana, who is present in Court, accepts notice on behalf of the respondents-State.

In view of aforementioned facts and without going into merit of case or commenting thereon, I deem it appropriate to dispose of present writ petition with a direction to respondent No.5 to take decision on the representations dated 04.09.2018, 27.02.2019 and 06.08.2019 (Annexures P-4, P-10 and P-12), respectively by taking into consideration all the parameters whether case of petitioner falls within the policy dated 25.05.2018 by passing a well reasoned and speaking order within a period of one month from today after affording the opportunity of hearing to the petitioner.

Till the disposal of representations, dispensation of service of the petitioner is ordered to be stayed and two weeks, thereafter, enabling the petitioner to avail the remedy, in accordance with law, if the reasoning assigned is adverse.

{3} In case, representations are not decided within aforementioned specified time, there shall be costs of Rs.25,000/- to be paid by the concerned officer to the petitioner.

(AMIT RAWAL) JUDGE September 02, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No