Citation : 2024 Latest Caselaw 16341 P&H
Judgement Date : 5 September, 2024
Neutral Citation No:=2024:PHHC:116407
CWP-31042-2018 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
227 CWP-31042-2018 (O&M)
Date of Decision :05.09.2024
Gurpreet Singh and another ...Petitioners
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. R.K. Arora, Advocate for the petitioners.
Mr. Satnampreet Singh Chauhan, DAG, Punjab.
***
Harsimran Singh Sethi, J. (Oral)
In the present petition, grievance being raised by the petitioners
is that the petitioners, who are working on the post of Stenographers are not
getting any promotion and the respondents are under an obligation to
consider the claim of the petitioners for the grant of promotion under the
Punjab Civil Service (Promotion of Stenographers and Steno-Typist) Rules,
1961 (hereinafer referred as '1961 Rules')
Learned counsel for the respondents submits that once, the
General Rules i.e. Punjab Civil Services (General & Common Conditions of
Services) Rules, 1994 have already been framed for promotion of the
Stenographers/Steno-Typist in the year 1994, 1961 Rules will not govern
the services of the petitioners.
Learned counsel for the petitioners submits that once, there
were specific Rules of 1961 for promotion of Stenographers/Steno-Typist,
general rules of 1994 will not be applicable upon the petitioners and in
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Neutral Citation No:=2024:PHHC:116407
CWP-31042-2018 (O&M) -2-
support of the said arguments he has placed reliance upon the judgment of
the Coordinate Bench of this Court in CWP-12435-2015 titled as Gurwinder
Singh and another vs. State of Punjab and others decided on 27.01.2023
wherein, the findings have been given that 1961 Rules will remain in
operation even after promulgation of 1994 Rules hence, the respondents are
under obligation to consider the claim of the petitioners for the grant of
benefit of promotion in the light of the judgment of Coordinate Bench of this
Court in Gurwinder Singh (supra).
Learned counsel for the respondent-State submits that claim of
the petitioners for the grant of promotion will be considered by keeping in
mind the judgment of the Coordinate Bench of this Court in Gurwinder
Singh (supra) and appropriate order will be passed within a period of 08
weeks from the date of receipt of copy of this order and in case, it is found
feasible to extend the relief to the petitioners, the same will be extended
otherwise, due reasons for not accepting the claim of the petitioners will be
mentioned in the order so passed, which will be conveyed to the petitioners
for information and necessary action.
Learned counsel for the petitioners submits that keeping in view
the statement made by learned counsel for the respondents, present petition
may kindly be disposed of having been not pressed any further.
Ordered accordingly.
Civil miscellaneous application pending, if any, is also disposed of.
September 05, 2024 (HARSIMRAN SINGH SETHI)
aarti JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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