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SUSHIL KUMAR WASON & ORS versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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Sushil Kumar Wason & Ors v. State of Haryana & Ors - CWP-19158-2003 [2006] RD-P&H 2318 (5 April 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. 19158 of 2003

Date of decision 1.5..2006

Sushil Kumar Wason and others .. petitioners Versus

State of Haryana and others .. Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE M.M.S. BEDI

PRESENT: Mr. Puneet Bali, Advocate for the petitioner Mr. Harish Rathee, Sr. DAG Hy.

Mr. C.L. Katial, Advocate for respondent no.3 M.M.Kumar, J.

The grievance made by the petitioner is that the order dated 16.9.2003 (Annexure P.13) granting deemed promotion to respondent no.3 w.e.f. 3.9.1990 to H.F.S.

Grade "B" is wholly illegal and against the principles of natural justice. The challenge has also been made to the order dated 5.2.1999 (AnnexureP.3) whereby adverse remarks recorded in the ACR of respondent no.2 for the year 1988-89 have been expunged. A further direction has been sought for quashing the orders dated 16.8.2002 ( Annexure P.10) and 24.6.2003 ( Annexure P.12) on similar ground.

It is undisputed that three other petitioners namely O.P. Dalal, T.C.Sihag and Vijender Singh Kadian filed CWP No. 15683 of 2003 against respondent no.3 Inder Pal Singh wherein order dated 16.9.2003 ( Annexure P.13) was challenged. The afore- mentioned petition was disposed of on 27.7.2004 by a Division Bench of this Court. The operative part of the afore-mentioned order reads as under: "The petitioners may, if they so desire, submit their representations to the competent authority within a period of 15 days. Likewise, respondent no.3 may also submit his representation within the said period of 15 days. The copies of representations filed by either side be made available to the opposite party. Thereafter, the competent authority shall hear the petitioners, respondent no.3 and any other affected person and pass speaking order in relation to the claim of respondent no.3 for his retrospective promotion to HFS- II with effect from 3.9.1990 with all consequential benefits including fixation of seniority above the petitioners CWP No.19158 of 2003 .2.

and communicate the same to all the effected persons." In the present case, however, apart from the order dated 16.9.2003 (Annexure P.13) other orders have also been challenged. Therefore, while disposing of the writ petition, we adopt the same course and permit the petitioners to file representations against the orders which are subject matter of challenge in the instant petition as detailed above. Accordingly, the petitioners may, if so desire, submit their representations to the competent authority within a period of 15 days. Respondent no.3 likewise may also submit his representation within a period of 15 days. Copies of the representations filed by both the sides be made available to each other. Thereafter, the competent authority has to hear the petitioners, respondent no.3 and any other affected person and pass speaking order in relation to the claim of respondent no.3 for his retrospective promotion to HFS II with effect from 3.9.1990 with all consequential benefits including fixation of seniority above the petitioners and communicate the same to all the affected persons. It is made clear that the orders of which reference has been made in the opening para shall remain inoperative and ineffective and the claim of respondent no.3 shall be decided afresh for deemed promotion to HFS Class II (w.e.f.

3.9.1990). The needful shall be done within three months from today.

The writ petition stands disposed of in the above terms.

Copy of the order be given dasti on payment of usual charges.

(M.M.Kumar)

Judge

(M.M.S.Bedi )

1.5..2006 Judge

okg


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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