Harbans Lal v. State Of Punjab And Another

2023:PHHC:112487 CWP No.18761 of 2023 #1# MANOJ KUMAR 2023.08.31 15:48

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.18761 of 2023 Date of decision : 28.08.2023 Harbans Lal ....Petitioner

Versus

State of Punjab through Secy, Legal and Justice Department and Anr ....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI *** Present :- None for the petitioner.

*** HARSIMRAN SINGH SETHI, J. (ORAL) Present petition has been filed with the prayer that the claim of the petitioner for appointment to the post of Peon, which was advertised on 15.02.2018 (P.3), be considered taking into account the fact that claim of two other candidates, who were also in the waiting list, has already been accepted by the respondents.

From the pleadings, it transpires that no grievance has been raised by the petitioner before the Authorities concerned before filing the present petition whereas in case, where writ of mandamus is sought for, not only the right sought to be enforced must be subsisting on the date of filing the petition but an exercise should have been made so as to claim the said right. Notice of motion.

Mr. Harish Nain, AAG, Haryana accepts notice on behalf of respondents-State. He fairly submits that in case any representation has been received in the office of the respondent, the same will be considered in accordance with law and appropriate speaking order will be passed within a period of eight weeks from the receipt of such representation and in case after the decision of the representation, any benefit accrues to the petitioner, the same shall be extended to him within a period of further four weeks.

2023:PHHC:112487 CWP No.18761 of 2023 #2# Keeping in view the statement made by learned State counsel, no further orders are required to be passed and the present petition is disposed of with liberty to the petitioner to approach the respondents for redressal of his grievance by filing appropriate representation. August 28, 2023 (HARSIMRAN SINGH SETHI) manoj JUDGE Whether speaking/reasoned: Yes Whether Reportable : No