In a CWP regarding denied promotion, the court granted liberty to the petitioner to file a representation to the Financial Commissioner seeking premature promotion benefits based on juniors' subsequent promotion.
Liberty to file representation regarding promotion benefits; authority to decide within three months.
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CWP No. 12408 of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CWP No. 12408 of 2012
Date of Decision : July 05, 2012
Kulbhushan Kohli
.... PETITIONER
Vs.
State of Haryana and others
..... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. C.M.Chopra, Advocate, for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court claiming the benefit of promotion from a prior date when his juniors were promoted to the post of Deputy Forest Ranger.
It is the contention of the petitioner that he although being senior to various persons, has been denied the promotion without any basis or justification and in violation of the statutory Rules despite his juniors having been promoted. Claiming the said benefit, petitioner had earlier submitted a legal notice dated 13.02.2012 (Annexure P-18) to the respondents but no decision thereon has
CWP No. 12408 of 2012
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been taken. It is thereafter that vide order dated 09.04.2012 (Annexure P-20), one Baldev Singh (Retd.) Forester has been promoted as Deputy Forest Ranger w.e.f. 01.03.2005 and vide order dated 21.05.2012 (Annexure P-19), one Ashok Kumar has been promoted as Deputy Forest Ranger w.e.f. 27.10.2003. These two officers are also junior to the petitioner apart from Hans Raj, Jai Pal and Sat Narain, whose names have been mentioned in the legal notice dated 13.02.2012 (Annexure P-18). He, on this basis, contends that after passing of these orders, petitioner has a better right than it was earlier when the legal notice was served and, therefore, liberty may be granted to the petitioner to file another representation referring to these orders of promotion of his juniors as well. He further states that this representation shall be filed by the petitioner within a period of two weeks from today, which may be directed to be considered and decided by the Financial Commissioner-cum-Principal Secretary, Forests, Haryanarespondent No. 1 within some specified time.
Without going into the merits of the case or commenting thereon, in the light of the statement made by the counsel for the petitioner, the present petition is disposed of with liberty to the petitioner to file a detailed representation within a period of two weeks from today to the Financial Commissioner-cum-Principal Secretary, Forests, Haryana-respondent No. 1. If such a representation is made, the same shall be considered and decided
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by the Financial Commissioner-cum-Principal Secretary, Forests, Haryana-respondent No. 1 within a period of three months of receipt of such representation. Decision so taken be conveyed to the petitioner forthwith. In case the prayer made by the petitioner is accepted, the consequential benefits, if any, shall be released to the petitioner, in accordance with law, within a further period of two months.
(AUGUSTINE GEORGE MASIH ) July 05, 2012 JUDGE pj
1 issue framed by the court
Whether the petitioner should be granted liberty to file a representation regarding premature promotion denied to him in favor of his juniors.
Kulbhushan Kohli
State of Haryana
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
