Parveen Kumar v. State Of Haryana And Others

2024:PHHC:060777 CWP-26349-2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-26349-2019 Date of Decision: 02.05.2024 Parveen Kumar

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Ivneet Singh Pabla, Advocate for the petitioner Mr. Rohit Arya, DAG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to promote the petitioner as Sub Divisional Engineer (SDE) from the date his juniors were promoted. 2.

Learned counsel for the petitioner contends that the only ground for not considering the petitioner for promotion was a pending 'initial fact finding inquiry' against him. At that time his juniors were promoted as SDE vide impugned order dated 29.09.2017, Annexure P-2. However, during pendency of the petition, the charges have altogether been dropped vide office order dated 29.12.2021, and further proceedings against him stand closed. In this situation, the petitioner is entitled to be considered for promotion as SDE with effect from the date his juniors were promoted, and in case there is no PAYAL 2024.05.06 16:24 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:060777 CWP-26349-2019 -2vacancy available, a temporary post is to be created for giving him promotion in terms of instructions dated 18.11.1971, Annexure R-4. 3.

Learned State counsel is not in a position to dispute the facts aforestated.

4.

In view thereof, the petition is disposed of directing the respondents to consider the petitioner for promotion as SDE as per the applicable service rules from the date his juniors were promoted, within a period of three months from receiving a certified copy of this order. (TRIBHUVAN DAHIYA) JUDGE 02.05.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.05.06 16:24 I attest to the accuracy and authenticity of this order/judgment