Munish Kumar vs State Of Punjab And Others
2024 Latest Caselaw 5675 P&H

Punjab-Haryana High Court

Munish Kumar vs State Of Punjab And Others on 13 March, 2024

             CWP-4222-2024                            2024:PHHC:035693                             1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
             117
                                                                   CWP-4222-2024
                                                                   Date of decision: 13.03.2024

             Munish Kumar
                                                                                       ....Petitioner
                                                      Versus

             State of Punjab and others
                                                                                      ...Respondents

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

Present : Ms. Sonia G. Singh Samber, Advocate for the petitioner.

***** AMAN CHAUDHARY. J.

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

226 of the Constitution of India, is to issue a writ in the nature of mandamus,

for directing the respondents to promote the petitioner in view of the

recommendations of the Departmental Promotion Committee, Annexure P-8

and allowed provisional promotion to him to the post of Clerk during the

pendency of the present writ petition.

2. Learned counsel would submit that the petitioner had joined as a

Sweeper on 22.01.2014. Applications having been invited from the eligible

candidates for promotion from the post of Grade-IV to the post of Clerk on

18.02.2019, Annexure P-1, whereupon, he had applied and type test was to be

held on 28.05.2019. However, the same was postponed. Thereafter, the

Departmental Promotion Committee was constituted, headed by DIG Jail

Headquarters, which vide order dated 14.09.2022, Annexure P-8,

recommended the petitioner alongwith others. However, till date the same has

not been acted upon. In this regard, a legal notice dated nil, Annexure P-9, has

been served upon the respondents, which has yet not evoked any response. He

thus, at this stage, on instructions, submits that the petitioner is sanguine of it

integrity of this order/judgment

being considered in a positive manner, in case, a direction is given to the

respondents to decide the same in a time bound manner by granting him an

opportunity of hearing.

3. Notice of motion.

4. At the asking of the Court, Mr. Swapan Shorey, DAG, Punjab

accepts notice on behalf of the respondent-State and has no objection to the

limited prayer made.

5. In view of the aforesaid and without commenting upon the merits

of the case, this petition is hereby disposed of with a direction to the

respondents to consider the legal notice, Annexure P-9 and decide the same

taking note of the pleas raised, within a period of six months and

. However, in the

eventuality of the relief being denied, a speaking order be passed, after

associating the petitioner therewith.

                                                                     (AMAN CHAUDHARY)
                                                                          JUDGE
             13.03.2024
             Hemant

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







integrity of this order/judgment