Citation : 2024 Latest Caselaw 14439 P&H
Judgement Date : 12 August, 2024
Neutral Citation No:=2024:PHHC:103806-DB
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
(Sr. No. 134) LPA No. 1869 of 2024
Date of decision: 12.08.2024
Subhash Goel
..... Appellant
Versus
State of Haryana and others
..... Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present : Mr. Bhupinder Malik, Advocate for the appellant.
***
DEEPAK SIBAL, J. (Oral)
(1) The present intra court appeal is directed against the judgment
dated 22.05.2024 through which the appellant's writ petition has been
dismissed by a learned Single Judge of this Court.
(2) After hearing learned counsel for the appellant and going
through the impugned judgment, we are of the opinion that the learned
Single Judge committed no error, in fact and in law, to reject the appellant's
prayer with regard to his claim for promotion to the post of Law Officer in
the respondent - Medical College as after scrutinizing the record we find that
the post of Law Officer in the Medical College is not a promotional post and
that there is also no Rule or Regulation to back the appellant's claim.
(3) So far as the appellant's prayer with regard to the grant of the
pay/emoluments of a Law Officer for the reason that he has been working on
the said post is concerned, we find that on this issue, there is neither any
discussion nor decision in the impugned judgment. However, the learned
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Neutral Citation No:=2024:PHHC:103806-DB
counsel for the appellant insists that he had duly raised this issue before the
learned Single Judge.
(4) In the light of the above, while dismissing the present appeal
with regard to the claim of the appellant for promotion as a Law Officer, we
grant liberty to him to approach the learned Single Judge through filing of an
appropriate application qua his prayer for the grant of pay/emoluments
applicable to the post of a Law Officer on which post he claims to be
serving.
(5) It is clarified that while granting the afore permission, we have
expressed no opinion on the merits of the appellant's claim or to the
maintainability of the application which may be filed by him before the
learned Single Judge.
(DEEPAK SIBAL)
JUDGE
12.08.2024 ( DEEPAK MANCHANDA )
sunil yadav JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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