Iqbal And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 225 Civil Writ Petition No.32933 of 2018 Date of Decision: August 22, 2023 Iqbal and another ..... PETITIONER(S)

VERSUS

State of Haryana and others ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA . . .

PRESENT: - Mr. Ravinder Malik (Ravi), Advocate for the petitioners. Mr. Rohit Arya, DAG, Haryana.

Ms. Prerna Malhotra, Advocate for Mr. Prateek Mahajan, Advocate for respondents No.3 to 5.

. . .

Tribhuvan Dahiya, J. (Oral) This petition has been filed seeking a writ of certiorari quashing the impugned letter, dated 28.11.2016 (Annexure P-11), passed by respondent No.2 as well as resolution No.12, dated 29.12.2016 (Annexure P-12), passed by respondent No.4 whereby while implementing the New Staff Ratio Scheme in the respondent University, promotions under the Old Staff Ratio Scheme have been ordered to be banned, thereby depriving the petitioners' of their right of promotion to the post of Assistant. Further, a writ of mandamus directing the respondents to promote the petitioners on the post of Assistant as per Old Staff Ratio Scheme, along with all consequential benefits, has been sought. 2.

Learned counsel for the petitioners, by referring to office order dated 28.07.2023, submits that the petitioners have already been granted promotion under the Old Staff Ratio Scheme before 10.10.2016 PAYAL 2023.09.01 11:44 I attest to the accuracy and authenticity of this order/judgment

2023:PHHC:109592 CWP No.32933 of 2023 [2] notionally and actual promotion with immediate effect. This substantially satisfies the claim raised in the petition. The petitioners, however, are aggrieved against non-grant of arrears accruing to them on account of this promotion, as it is with immediate effect. It is contended that the petitioners may be permitted to file a representation in that regard to the respondent/University.

3.

In view thereof, the writ petition is disposed of by granting liberty to the petitioner to file appropriate representation to the respondent/University for claiming arrears of promotion. 4.

In case any such representation is filed within three weeks from today, the same shall be decided by respondent no.5 by passing a speaking order in accordance with law, within a period of eight weeks therefrom.

(Tribhuvan Dahiya) Judge August 22, 2023 Payal Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No PAYAL 2023.09.01 11:44 I attest to the accuracy and authenticity of this order/judgment