Yogesh Kumar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-26175-2022 (O&M) Decided on :30.01.2024 Yogesh Kumar . . .petitioner

Versus

State of Haryana and others . . . Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Aman Pal, Advocate for the petitioner.

Mr. Tapan Kumar Yadav, DAG, Haryana.

**** HARSIMRAN SINGH SETHI , J. (Oral) 1.

In the present petition, the grievance being raised by the petitioner is that the claim of the petitioner for promotion to the post of District Employment Officer was deferred on the ground that the disciplinary proceedings were pending against the petitioner and the employees junior to the petitioner were promoted whereas now, the said disciplinary proceedings have been dropped by the respondents hence, now the respondents are under obligation to consider the claim of the petitioner for the promotion to the post of District Employment Officer w.e.f. the date employees junior to the petitioner were promoted for the post in question. 2.

Learned counsel for the respondents submits that the claim of the petitioner for promotion to the post of District Employment Officer after dropping the disciplinary proceedings is under consideration of the department concerned and an appropriate decision in the facts and circumstances of the case will be taken by the department concerned keeping in view the time framed by this Court.

3.

Keeping in view the above mentioned facts, the present petition RIYA 2024.02.02 13:09 I attest to the accuracy and integrity of this document

CWP-26175-2022 (O&M) 2024:PHHC:012458 is disposed of with a direction to the respondents that the consideration, which is pending with the respondents qua the promotion of the petitioner to the post of District Employment Officer be finalized within the period of 08 weeks from the receipt of copy of this order by passing an appropriate speaking order and in case the petitioner is found eligible for the promotion to the post in question, the said benefit of promotion be extended to him within the further period of 4 weeks thereafter. In case, any order causing prejudice to the petitioner is to be passed by the respondents, the same be passed by giving due reasons in the order itself and the petitioner be informed as well.

4.

The present petition stands disposed of in above terms. 5.

Pending civil miscellaneous application, if any, shall also stand disposed of.

(HARSIMRAN SINGH SETHI) JUDGE 30.01.2024 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2024.02.02 13:09 I attest to the accuracy and integrity of this document