Ram Phal v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-29595-2022 (O&M) Date of Decision: 21.12.2022 Ram Phal .....Petitioner

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Mohit Garg, Advocate for the petitioner.

Mr. Pankaj Middha, Addl.A.G., Haryana.

***** ARUN MONGA, J. (ORAL) Petition herein, inter alia, is for issuance of a writ in the nature of Certiorari for quashing seniority list dated 11.11.2020 (Annexure P-11), wherein the name of the petitioner has been shown at Sr. No.7 and against his name it is mentioned that he has been promoted as Lab Assistant (Class III) on 12.03.2010. Whereas, as per the petitioner, since the date of his initial appointment he was holding the post equivalent of Class-III in his previous department i.e. Technical Department and while absorbing the petitioner in the present department, the petitioner was given the continuity in service. 2.

Learned counsel for the petitioner submits that the petitioner has already submitted representation dated 29.11.2020 (Annexure P-12), but the same has not been adverted by the respondents till date. 3.

On advance service, learned State counsel appears and submits that a decision will be taken by the competent authority, either way, on the representation of the petitioner by passing a speaking order. ASHISH 2022.12.22 13:19 I attest to the accuracy and integrity of this document

4.

At this stage, learned counsel for the petitioner also seeks decision on the representation, as suggested by learned Statecounsel. 5.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

6.

Without commenting on the merits of the case, the instant writ petition is disposed of with a direction that the competent authority shall pass an administrative orderon pending representation, giving reasons thereof, in accordance with law.Petitioner is at liberty to move a supplementary representation at this stage.

7.

Let the needful be done as expeditiously as possible but in any case not later than 3 months from the date of filing of supplementary representation, if so done.

(ARUN MONGA) JUDGE December 21, 2022 ashish Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No ASHISH 2022.12.22 13:19 I attest to the accuracy and integrity of this document