Bira Singh And Others vs State Of Punjab And Others
2024 Latest Caselaw 6468 P&H

Punjab-Haryana High Court

Bira Singh And Others vs State Of Punjab And Others on 21 March, 2024

               CWP-6711-2024                           2024:PHHC:040884                      1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
               121
                                                                   CWP-6711-2024
                                                                   Date of decision: 21.03.2024

               Bira Singh and others
                                                                                       ....Petitioners
                                                       Versus

               State of Punjab and others
                                                                                      ...Respondents


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

               Present :           Mr. Amit Kaith, Advocate
                                   for the petitioners.

                          *****
               AMAN CHAUDHARY. J (ORAL).

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

mandamus, for directing the respondents to promote the petitioners against the

vacant posts of Yard-Master as per their seniority.

2. Learned counsel would submit that the petitioners were working

as Drivers on regular basis and not granted promotion to the next post of

Yard-Master. However, they are being performed duty of the same by verbal

orders. In this regard, a legal notice dated 30.12.2023, Annexure P-5, has been

served upon respondent Nos.1 and 2, which has yet not evoked any response.

He thus, at this stage, on instructions, submits that the petitioners are sanguine

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

respondent Nos.1 and 2 to decide the same in a time bound manner by

granting them an opportunity of hearing.

3. Notice of motion.

integrity of this order/judgment

4. At the asking of the Court, Mr. Arun Gupta, 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 respondent

Nos.1 and 2 to consider the legal notice dated 30.12.2023, Annexure P-5 and

decide the same taking note of the aforesaid pleas, within a period of six

months and if found entitled, necessary benefit be granted to them forthwith.

However, in the eventuality of the relief being denied, a speaking order be

passed, after associating the petitioners therewith.

                                                                     (AMAN CHAUDHARY)
                                                                          JUDGE
               21.03.2024
               Hemant

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







integrity of this order/judgment