Rajinder Kumar Sharma vs State Of Punjab And Others
2022 Latest Caselaw 1894 P&H

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

133                                           CWP-5759-2022
                                              Date of decision : 22.03.2022
RAJINDER KUMAR SHARMA
                                                              ...... Petitioner

                          VERSUS

STATE OF PUNJAB AND OTHERS
                                                             ...... Respondents

CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

                          ***

Present :-   Mr. Karan Singla, Advocate
             for the petitioner.

                          ***

Harsimran Singh Sethi, J. (Oral)

Learned counsel for the petitioner submits that in the present

case Balbir Singh, who belonged to the reserved category was promoted in

preference to the petitioner and after the petitioner was promoted to the

higher cadre, keeping in view the judgment of the Hon'ble Supreme Court of

India in Ajit Singh Janjua vs State of Punjab in the Appeal (Civil) 3792 of

1989 dated 16.09.1999, the petitioner is to be declared senior to the reserved

category candidate who has been granted promotion on the basis of

reservation. Learned counsel submits that the claim of the petitioner for the

grant of step up equivalent to the juniors is covered by the judgement in Ajit

Singh Janjua (supra), and therefore, the petitioner is entitled for the step up

of emoluments equivalent to his juniors along with all the consequential

benefits.

Learned counsel submits that vide order dated 12.08.2021

(Annexure P-10), the petitioner has been declared senior to Balbir Singh

with the further direction that appropriate action be taken but, despite

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CWP-5759-2022 :2:

the fact that six months have passed, no benefit has been given to the

petitioner thereafter.

Notice of motion.

Mr. Navdeep Chhabra, DAG, Punjab, accepts notice on behalf

of respondents-State and submits that in case, no consequential benefit of the

order dated 12.08.2021 (Annexure P-10) has been extended to the petitioner,

the case of the petitioner will be processed for the grant of the benefits, if

any, in favour of the petitioner and final order will be passed within a period

of eight weeks from the receipt of the copy of this order and in case, after the

passing of the order, any benefit is to be given to the petitioner, the same

will also be extended in the next four weeks.

Learned counsel for the petitioner submits that keeping in view

the said statement of learned State counsel, no further grievance of the

petitioner survives and the petition may kindly be disposed of having been

not pressed any further.

Ordered accordingly.

                                            (HARSIMRAN SINGH SETHI)
                                                    JUDGE
22.03.2022
rimpal

             Whether speaking/reasoned          Yes
             Whether Reportable :               No




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