Citation : 2022 Latest Caselaw 17562 P&H
Judgement Date : 22 December, 2022
CM-1546-CWP-2020 in/and CWP-2150-2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(205) CM-1546-CWP-2020 in/and
CWP-2150-2017
Date of Decision : December 22, 2022
Renu Mudgal .. Petitioner
Versus
State of Haryana and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Anurag Goyal, Advocate, for the applicant-petitioner.
Mr. Sandeep Singh Maan, Additional Advocate General, Haryana.
HARSIMRAN SINGH SETHI J. (ORAL)
CM-1546-CWP-2020
Present application has been filed for fixing the writ petition on
some actual date and to decide the matter in the light of the judgment in
LPA No.1220 of 2015 titled as State of Haryana and others. vs. Subhash
Chand.
Notice of the application has already been issued.
Learned counsel for the respondents raises no objection for the
grant of prayer as raised in the present application.
Keeping in view the facts mentioned in the application, the
same is allowed and the main writ petition is taken up for hearing today.
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CM-1546-CWP-2020 in/and CWP-2150-2017
CWP-2150-2017
Learned counsel for the petitioner argues that the question of
law raised in the present petition has already been adjudicated by the
Coordinate Bench of this Court while passing order in CWP No.5781 of
2015 titled as Subhash Chand vs. State of Haryana and others, decided on
04.06.2015 against which, even LPA No.1220 of 2015 has been dismissed,
hence, the petitioner is entitled for the benefit as admissible under the
judgment of Subhash Chand's case (supra).
Learned counsel for the petitioner submits that the respondents
are under an obligation to consider the claim of the petitioner for being
appointed as PGT Biology with all consequential benefits.
Notice of motion.
Mr. Sandeep Singh Maan, Additional Advocate General,
Haryana, accepts notice on behalf of the respondents.
Learned counsel for the respondents submits that the present
petition was filed in the year 2017 and is pending for the last five years. In
case, the petitioner raises a grievance with regard to appointment in
question by placing reliance upon the judgment of this Court in Subhash
Chand's case (supra), which has also been upheld, a due consideration will
be given by the department to the claim of the petitioner and appropriate
order will be passed within a period of eight weeks of the receipt of any
such representation and in case, it is found that the petitioner is meritorious
enough to be granted appointed, the same will be granted to her within a
further period of four weeks.
Learned counsel for the petitioner submits that keeping in view
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CM-1546-CWP-2020 in/and CWP-2150-2017
the above, the present petition may kindly be disposed of having been not
pressed any further with liberty to the petitioner to approach the respondents
by placing reliance upon the judgment of the Coordinate Bench of this
Court in Subhash Chand's case (supra).
Ordered accordingly.
December 22, 2022 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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