Punjab-Haryana High Court
Ashok Kumar vs State Of Haryana And Others on 16 April, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:051378
CWP-18484-2018(O&M) -1- 2024:PHHC:051378
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-18484-2018(O&M)
Date of decision: 16.04.2024
Ashok Kumar
...Petitioner
VERSUS
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. Abhishek Kumar Premi, Advocate, for the petitioner.
Mr. R.K.S. Brar, Addl. A.G, Haryana.
Mr. Deepak Balyan, Advocate, for respondents No.2 to 4.
Mr. Manjeet Singh, Advocate, for respondent No.5.
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JASGURPREET SINGH PURI, J. (Oral)
1. The present writ petition has been filed under Articles 226/227 of
the Constitution of India seeking issuance of a writ in the nature of certiorari
for quashing the order dated 25.06.2019 (Annexure P-30) and order dated
28.05.2018 (Annexure P-20). It was further prayed that respondent No.4 be
directed to consider the case of the petitioner to be promoted to the post of
Administrative Officer Grade-II being senior most eligible candidate as per
seniority list dated 01.04.2016 (Annexure P-8).
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2. All the learned counsels for the parties have submitted during the
course of arguments that during the pendency of the present petition both the
petitioner and the private respondent No.5 have retired.
3. Learned counsel for the petitioner has submitted that it is a case
where the petitioner ought to have been promoted and private respondent No.5
was wrongly promoted and the benefit of the judgment of Hon'ble Supreme
Court in Sube Singh Bahmani and others Versus State of Haryana, 1999 (8)
SCC 213 was to be given effect to.
4. All the learned counsels for parties are ad idem that since the
petitioner and private respondent No.5 have already retired now the claim of
the petitioner is only to the extent of claiming notional seniority, notional
promotion and thereafter, consequential benefits, if any and therefore, the
petitioner can now file an adequate representation to respondent No.3 for
considering the aforesaid limited prayer of the petitioner in the light of the
aforesaid judgment of the Hon'ble Supreme Court in Sube Singh Bahmani and
others Versus State of Haryana (Supra) and to decide the same in a time
bound manner.
5. On the other hand, Mr. Deepak Balyan, learned counsel appearing
on behalf of respondents No.2 to 4 has stated on instructions that he has no
objection in case the claim of the petitioner now with regard to notional
seniority, notional promotion and consequential benefits, if any, is considered
afresh by respondent No.3 in accordance with law and an order will be passed
within a time frame work fixed by this Court.
6. In view of the aforesaid facts and circumstances and the statement
made by learned counsel for respondent No.3, the present petition is disposed
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of. The petitioner will be at liberty to file a detailed application/representation
to respondent No.3 within a period of one month from today. In the event of
the petitioner doing the same, respondent No.3 shall thereupon within a period
of next three months pass a speaking order by considering all the pleas taken
by the petitioner in the representation and also in the light of the aforesaid
judgment of the Hon'ble Supreme Court in Sube Singh Bahmani and others
Versus State of Haryana (Supra). Needless to say that the petitioner or his
counsel shall be granted opportunity of hearing before passing any order. In
case the petitioner is found to be entitled for any relief pertaining to notional
seniority/notional promotion/consequential benefits, then the same shall be
calculated and paid to the petitioner within next three months and in case the
petitioner is not found to be entitled, then the petitioner shall be at liberty to
challenge the same in accordance with law.
6. All the miscellaneous applications, if any, shall be deemed to be
disposed of since the main case has been disposed of.
(JASGURPREET SINGH PURI)
16.04.2024 JUDGE
rakesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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