Dinesh Kumar And Anr vs State Of Haryana And Anr
2022 Latest Caselaw 7301 P&H

                  CWP-4330-2020                                                                1

                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                  CHANDIGARH
                                                  CWP-4330-2020
                                           Date of Decision: July 20, 2022

                  Dinesh Kumar and another
                                                                                    ...Petitioners
                                                        Versus
                  State of Haryana and another
                                                                                  ...Respondents

                  CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

                  Present:        Mr. Jangjit Singh Dahiya, Advocate,
                                  for the petitioners.

                                  Mr. R.S. Budhwar, Addl. AG, Haryana.

                  HARSIMRAN SINGH SETHI, J. (Oral)

In the present petition, the challenge is to the order dated

05.11.2019 (Annexures P-22 and P-23), vide which the claim of the

petitioners, to grant them the benefit of promotion under the Handicapped

Category, has been declined.

Learned counsel for the petitioners argues that the claim of the

petitioners has been declined on the ground that in the respondent

department, there are only 13 posts in the cadre against which the benefit of

reservation is being claimed, same cannot be extended to the petitioners

keeping in view the less number of posts. Learned counsel argues that in

case there are less number of posts, then the respondents are required to

operate roster, so as to grant the benefit to the physically handicapped

employees, who are entitled for promotion under physically handicapped

quota for which 3% posts have been reserved.

After notice of motion, reply has been filed on behalf of

PRASHANT KAPOOR 2022.07.21 17:11 I attest to the accuracy and authenticity of this order/judgment

respondent Nos. 1 and 2, which is taken on record, wherein it is submitted

that as per the instructions already prevalent, the vacancies based upon the

horizontal reservation for the persons with disability, shall be computed on

the basis of total number of vacancies occurring in the cadre and the claim of

the petitioners will be placed and considered in the next meeting of the

Departmental Promotion Committee, accordingly.

Learned counsel for the petitioners submits that keeping in view

the reply filed by the respondents, no further grievance of the petitioners

further survive in the present petition and the same be disposed of as having

been not pressed.

Ordered accordingly.

                                                           (HARSIMRAN SINGH SETHI)
                                                                   JUDGE
                  July 20, 2022
                  Pkapoor             Whether Speaking/Reasoned:      YES/NO
                                      Whether Reportable:             YES/NO




PRASHANT KAPOOR
2022.07.21 17:11
I attest to the accuracy and
authenticity of this
order/judgment