Disposed

Narinder Kumar Jain and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC28 Aug 2012CWP/16533/2012

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What is this about?

This court disposed of a writ petition concerning the fixing of promotion years for Sub-Divisional Engineers. Rather than adjudicating merits, the court directed the Financial Commissioner to decide the petitioners' representations within three months and grant consequential benefits if enhanced, or pass a reasoned order if declined.

What did the court decide?

Direction to Respondent No. 1 to consider representations filed by petitioners and decide within three months; if upheld, grant consequential benefits within two months; if declined, pass a reasoned o

Narinder Kumar Jain and Ors. Vs State of… — Service and Employment | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No. 16533 of 2012 Date of Decision : 28.8.2012

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Narinder Kumar Jain and others

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..... Petitioners

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sVersus

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State of Haryana and another ..... Respondents CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

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Present:Mr. K.L. Dhingra, Advocate, for the petitioners.

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AUGUSTINE GEORGE MASIH, J. (ORAL)

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It is the contention of the petitioners that the petitioners are entitled to fixing of their year of promotion according to the availability of the vacancies for the post of Sub-Divisional Engineer, in the light of the Division Bench judgment of this Court in CWP No. 10931 of 1990 titled as Gian Singh Versus The State of Haryana and another, decided on 18.1.2011 (Annexure-P-1).

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Counsel contends that the petitioners have filed representations dated 19.9.2011 (Annexure-P-6), 26.9.2011 (Annexure-P-7), 14.9.2011 (Annexure-P-8) and 11.11.2011 (Annexure-P-9) respectively with the Engineer-in-Chief, Haryana, Public Works Department (B and R)-respondent No. 2 and Financial Commissioner and Principal Secretary to Government of Haryana, Public Works Department (PWD B and R)-respondent No.1 but till date no decision thereon has been taken or conveyed to the petitioners.

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Counsel for the petitioners states that the petitioners, at this stage, would be satisfied if a direction is issued to the Financial

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CWP No. 16533 of 2012

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-2-

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Commissioner and Principal Secretary to Government of Haryana, Public Works Department (PWD B&R)-Respondent No.1 to consider the claim of the petitioners and decide the same within some specified time.

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Without going into the merits of the case or commenting thereon, this petition is disposed of with direction to the Financial Commissioner and Principal Secretary to Government of Haryana, Public Works Department (PWD B and R)-respondent No. 1 to consider and decide the representations dated 19.9.2011 (Annexure-P-6), 26.9.2011 (Annexure-P-7), 14.9.2011 (Annexure-P-8) and 11.11.2011 (Annexure-P-9) respectively preferred by the petitioners within a period of three months from the date of the receipt of the certified copy of this order. The decision, so taken, be conveyed to the petitioners forthwith.

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In case the petitioners are held entitled to the benefit as claimed by them in their representation, consequential benefits be granted to the petitioners within a further period of two months. If the claim as projected by the petitioners through their aforesaid representations is declined, then a speaking and well reasoned order be passed by respondent No. 1 and the same be conveyed to the petitioners forthwith.

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(AUGUSTINE GEORGE MASIH) JUDGE

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28.8.2012 sjks

Narinder Kumar Jain and Ors. v. State of Haryana and Ors.

Case brief

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Narinder Kumar Jain and Ors. v. State of Haryana and Ors.

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