Sunil Kumar And Others v. State Of Haryana And Others

2023:PHHC:149140 CWP-26331-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-26331-2023 Date of Decision: 23.11.2023 Sunil Kumar and others

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Chanderhas Yadav, Advocate for the petitioners Mr. Sanjeev Kaushik, Addl. AG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) This petition has been filed, inter alia, seeking a writ of certiorari quashing the promotion of private respondents on the post of Sub Divisional Officer (Irrigation Branch) (Group-B) in pursuance of proceeding of the Departmental Promotion Committee meeting held on 18.07.2022, Annexure P-15, and agenda for the meeting, Annexure P-14. Further, a writ of mandamus has been sought directing the respondent authorities to promote the petitioners to the post of Sub Divisional Officer (Irrigation Branch) (Group-B) in accordance to the Haryana Service of Engineer, Group-B, Public Works Department (Irrigation Branch) Rules, 1970 amended upto 23.03.1999. 2.

Learned counsel for the petitioners submits that grievance raised herein is pending for appropriate decision before the respondents. At this stage, the petitioners will be satisfied in case respondent No.3 is directed to PAYAL 2023.11.23 18:34 I attest to the accuracy and authenticity of this order/judgment

2023:PHHC:149140 CWP-26331-2023 -2decide the pending representation, dated 26.09.2023, Annexure P-25, in a specified period.

3.

Notice of motion.

4.

Mr. Sanjeev Kaushik, Addl. AG, Haryana, appearing on advance notice, submits that the pending representation, if any, will be decided within six weeks. In case, the same has already been decided, decision thereof will be conveyed to the petitioners. 5.

In view thereof, without going into merits of the case, the petition is disposed of with a direction to respondent No.3/Engineer-in-Chief, Irrigation and Water Resources Department, Haryana, to consider and decide the pending representation dated 26.09.2023, by passing a speaking order in accordance with law, within a period of two months weeks from the date of receiving a certified copy of this order.

6.

In case the order is not passed within the stipulated period, the officer concerned shall pay costs of ₹25,000 to the petitioners. (TRIBHUVAN DAHIYA) JUDGE 23.11.2023 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2023.11.23 18:34 I attest to the accuracy and authenticity of this order/judgment