Harish Kumar And Others vs State Of Punjab And Ors
2024 Latest Caselaw 7943 P&H

Punjab-Haryana High Court

Harish Kumar And Others vs State Of Punjab And Ors on 16 April, 2024

                                  Neutral Citation No:=2024:PHHC:050669



CWP No.11438 of 2021 (O&M)                                                1

                                                           2024:PHHC:050669


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

238
                                          CWP No.11438 of 2021 (O&M)
                                            Date of decision: 16.04.2024

Harish Kumar and others
                                                               ....Petitioners
                                   Versus
State of Punjab and others
                                                             ....Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:     Mr. Amrik Singh, Advocate
             for the petitioner.

             Ms. Arundhati Kulshreshtha, AAG, Punjab
             for respondents No.1 to 4.

             Mr. A.S. Manaise, Advocate for respondent No.5.

NAMIT KUMAR J. (Oral)

1. Prayer in this writ petition filed by the petitioner under

Articles 226/227 of the Constitution of India, is for issuance of a writ in

the nature of certiorari, for quashing the memo dated 29.04.2010

(Annexure P-5) vide which the benefit of Assured Career Progression

Scheme (ACP) as formulated vide Policy Circular dated 03.11.2006

(Annexure P-4) has been declined to the category of Junior

Engineers/Assistant Engineers.

2. Learned counsel for the petitioners submits that the case of

the petitioners is squarely covered by the judgment titled as "Jaswinder

Singh Bedi and others vs State of Punjab and others", passed in CWP

No.16446 of 2010, decided on 20.05.2013 (Annexure P-6) and the

judgment titled as "State of Punjab vs Jaswinder Singh Bedi and

others", passed in LPA No.244 of 2014, decided on 19.12.2014

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Neutral Citation No:=2024:PHHC:050669

2024:PHHC:050669

(Annexure P-7). He further submits that for claiming the relief of

Assured Career Progression on completion of 04/09/14 years of service,

the petitioners have served a legal notice dated 25.03.2021 (Annexure

P-9), which has not been responded to by the respondents till date and

he would be satisfied if their claim so made in the legal notice is

considered and decided by the respondents in a time bound manner.

3. Learned counsel for the respondents have no objection to

the innocuous prayer made by learned counsel for the petitioners.

4. I have heard learned counsel for the parties and have gone

through the record of the case.

5. Without expressing any opinion on the merits of the case or

the claim being made by the petitioners in the present petition,

respondent No.4 is directed to consider and decide the claim made by

the petitioners in the legal notice dated 25.03.2021 (Annexure P-9), in

accordance with law, by passing a speaking order, within a period of 03

months, from the date of receipt of certified copy of this order.

6. The petition stands disposed of.

                                             (NAMIT KUMAR)
                                                 JUDGE

16.04.2024
yakub



             Whether speaking/reasoned:               Yes/No

             Whether reportable:                      Yes/No




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