Rajesh Kumar And Anr vs State Of Haryana And Ors
2023 Latest Caselaw 1411 P&H

CWP-22410-2017                                                 -1

          IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH
(213)                                                       CWP-22410-2017
                                                  Date of decision:- 23.01.2023

Rajesh Kumar and another                                       ...Petitioners
                               Versus
State of Haryana and others                                    ...Respondents


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:- Mr. R.S. Mann, Advocate with
          Mr. Hardeep Singh, Advocate
          for the petitioners.

          Mr. R.K.S. Brar, Addl. Advocate General, Haryana.
                ***

SUVIR SEHGAL, J. (Oral)

Instant writ petition has been filed under Article 226/227 of the

Constitution of India seeking issuance of a writ in the nature of certiorari for

quashing impugned orders dated 09.02.2017, Annexure P-12 and 13.06.2017,

Annexure P-13 and for issuance of direction to the respondents to consider the

case of the petitioner for promotion from the post of Lab Attendant to the post

of Clerk keeping in view the provision of Haryana Education Department Sub

Offices Ministerial Group-C Service Rules, 1983 as well as judgments passed

by this Court.

Counsel for the petitioners has submitted that one of the reasons

which prevailed with the authorities while rejecting the case of petitioner No.1

for promotion is that the department was in the process of challenging the

judgment passed by this Court on 13.02.2015 in CWP-15797-2011 titled

"Joginder Singh Rathee & others Vs. State of Haryana & others", whereby a

bunch of petitions were allowed. He has invited the attention of this Court to

letter Annexure P-13, addressed to petitioner No.2, wherein the respondents

have stated as under:-

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CWP-22410-2017 -2

" Subject:- Demand of promotion on the post of

clerk from back date - Smt. Jai Devi, Lab attendant, G.G.

Senior Sec. School, Faridabad Old.

On the above subject regarding letter no. ME-

2017 / 2228 dated 07.05.2017 of your office.

Returning the matter under subject in original it

is submitted that there is no provision for promotion to the

post of clerk from the post of L.A. under the Class IV

employees' rules. As far as CWP No. 15797/2012 (sic

2011)-Joginder Singh Rathi v. State of Haryana is

concerned, the department has filed LPA in the High

Court. As soon as the decision of Court in the LPA is

received, the necessary action will be taken as per the

rules."

Concededly, LPA-697-2017 titled as "State of Haryana Vs. Krishan

Ram & others" and other connected appeals have been dismissed by this Court

vide order dated 01.08.2017 and SLP(C)s bearing Nos. 019469-019472 of 2018

preferred by the State have also been rejected by the Apex Court.

In view of the above development while setting aside impugned

order, Annexure P-1, writ petition is disposed of with a direction to the

respondent No. 2 to consider the case of the petitioners for promotion in terms

of the judgment passed by this Court in "Joginder Singh Rathee's case

(supra). The exercise be carried out within 4 months from today.

Petition is disposed of.

                                                             (SUVIR SEHGAL)
23.01.2023                                                        JUDGE
Harish Kumar

          Whether Speaking/Reasoned                     Yes/No
          Whether Reportable                            Yes/No




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