Mohd. Rafiq Thind vs State Of Punjab And Others
2024 Latest Caselaw 4939 P&H

Punjab-Haryana High Court

Mohd. Rafiq Thind vs State Of Punjab And Others on 5 March, 2024

                                                            Neutral Citation No:=2024:PHHC:031613




CWP-11675-2019
                                                                 2024:PHHC:031613

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             IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH
224
                                                   CWP-11675-2019
                                                   Date of decision: 05.03.2024

Mohd. Rafiq Thind
                                                                  ....Petitioner
                                  Versus

State of Punjab and others                                         ....Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                *****

Present : Mr. Sukhdev Kamboj, Advocate for the petitioner.

Mr. A.S. Bains, AAG, Punjab.

***** AMAN CHAUDHARY. J.

1. The prayer in the present Civil Writ Petition filed under Articles

226/227 of the Constitution of India, is to issue a writ in the nature of certiorari,

for quashing the memo dated 21.12.2018, Annexure P-13 passed by respondent

No.2 and for directing the respondents department to grant promotion to the

petitioner as Lecturer Political Science.

2. Learned counsel would submit that the present case be disposed of

in terms of judgment dated 24.02.2023, passed in CWP-13139-2016 titled as

Ashok Kumar vs. State of Punjab and others, involving the same prayer, in

para 6 whereof it was observed that, "Consequently, the writ petition is

disposed of directing the respondents to consider the petitioner's case for

promotion immediately, on the finalization of the seniority list, if the petitioner

is found entitled, with effect from the date his juniors were promoted." A

reference was also made in the above case to the judgment in Harbhajan Singh

and others vs. State of Punjab and another, CWP-28434 of 2019, decided on

15.02.2023, whereby the seniority list dated 19.06.2019 was quashed, while

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Neutral Citation No:=2024:PHHC:031613

CWP-11675-2019 2024:PHHC:031613

directing the respondents to reframe the seniority list in accordance with The

Punjab State Education Class-III, (School Cadre) Service Rules, 1978, within a

period of six months.

3. Learned State counsel is unable to rebut the factual position in this

matter and has no objection to the prayer made.

4. In view of the aforesaid, the present petition is disposed of in

terms of the judgment passed in Ashok Kumar (supra) and also Harbhajan

Singh and others (supra).

                                                  (AMAN CHAUDHARY)
                                                        JUDGE
05.03.2024
Hemant

             Whether speaking/reasoned               :      Yes / No
             Whether reportable                      :      Yes / No

Neutral Citation No:=2024:PHHC:031613

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