Citation : 2024 Latest Caselaw 5528 P&H
Judgement Date : 12 March, 2024
Neutral Citation No:=2024:PHHC:034907
2024:PHHC:034907
CWP-5735-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
133 CWP-5735-2024
Date of Decision: 12.03.2024
LR/ASI Harjinder Singh ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:- Mr. Sunny Singla, Advocate for the petitioner
Mr. Aman Dhir, Deputy Advocate General, Punjab
***
JAGMOHAN BANSAL, J. (Oral)
1. The petitioner through instant petition under Articles 226/227 of
the Constitution of India is seeking setting aside of order dated 09.12.2021
(Annexure P-10) whereby his claim for promotion has been rejected.
2. Mr. Sunny Singla, Advocate inter alia contends that respondent
has revised seniority list of the police officials including the petitioner. He has
been deprived benefit of promotion on the ground that he had not completed
Intermediate School Course. The seniority list has been revised after
retirement of the petitioner. The petitioner in 2016 was of more than 56 years,
thus, he was not supposed to undergo aforesaid Course as per instruction
dated 12.09.2011 issued by Director General of Police, Punjab. The petitioner
cannot be asked to do an act which is impossible. He relies upon judgment of
Supreme Court in Arjun Panditrao Khotkar v. Kailash Kushanrao
Gorantyal, (2020) 7 SCC 1.
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Neutral Citation No:=2024:PHHC:034907
2024:PHHC:034907
3. Notice of motion.
4. Mr. Aman Dhir, Deputy Advocate General, Punjab who on
advance notice is present in Court, accepts notice on behalf of the
respondents. He fairly submits that representation of the petitioner is pending
with the authorities and the same may be considered in the light of
instructions issued by Director General of Police, Punjab.
5. Learned counsel for the petitioner agrees with the aforesaid
arrangement.
6. In the wake of statement of both sides, the present petition stands
disposed of with a direction to the respondents to decide claim of the
petitioner within three months from today.
(JAGMOHAN BANSAL)
JUDGE
12.03.2024
Mohit Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:034907
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