Disposed

Amrik Singh & Ors. v. Sumedh Singh Saini & Ors.

Punjab & Haryana HC22 Oct 2013COCP/1857/2013

Case brief

AI extract

What is this about?

On 22.10.2013, the High Court disposed of a writ petition questioning seniority. The court observed the petition had become infructuous following the passing of a speaking order granting revised seniority, in a specific case without setting a precedent. The order was delivered orally.

What did the court decide?

The writ petition was disposed of as having become infructuous without prejudice to the right to question the legality of the order granting revised seniority.

Amrik Singh & Ors. Vs Sumedh Singh Saini… — Service and Employment | Punjab & Haryana HC (2013)

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Raj Kumar Arora 2013.10.26 14:10 I attest to the accuracy and integrity of this document

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COCP-1857-2013 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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COCP-1857-2013 (O&M). Decided on: October 22, 2013.

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Amrik Singh and others

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..... Petitioners

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Versus

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Sumedh Singh Saini and others

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.S.K.Sharma, Advocate, for the petitioners.

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Mr.Anant Kataria, AAG., Punjab.

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M.M.S. BEDI, J. (ORAL)

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Petitioners had filed a Writ Petition No.19646 of 2012 claiming that they are entitled for promotion from respective date i.e., the date when petitioners were brought on list C1. The have also challenged the seniority list dated 1.10.2009 whereby more than 50 respondents who had come out of the District Cadre had been shown senior to the petitioners. The said writ petition was disposed of with a direction that the claim of the petitioners as per legal notice dated 25.8.2012 will be considered strictly in accordance with law by passing a speaking order within a period of four months from the date of receipt of a certified copy of the order.

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As per the affidavit of the Senior Superintendent of Police, Amritsar, respondent No.3, a speaking order dated

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Raj Kumar Arora 2013.10.26 14:10 I attest to the accuracy and integrity of this document

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COCP-1857-2013 (O&M)

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12.11.2012 pertaining to the grievance of the petitioner has been passed and the petitioners have been granted revised seniority in the rank of Head Constables. The petitioners have been given revised date of promotion as Head Constables from 11.5.1994 to 17.9.1994 as per Annexure R1.

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Counsel for the petitioners submits that the petitioners have not been given seniority w.e.f. the date when the petitioners were entered in List C1 which is 1.11.1993.

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Counsel for the petitioner has vehemently urged that a declaration has been obtained from the petitioners under coercion and threat that they are satisfied with Annexure R1, otherwise the petitioners are not satisfied with the order Annexure R1.

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I have carefully considered the facts and

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circumstances of the case.

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So far as the direction dated 3.10.2012, is concerned, legal notice dated 25.8.2012, has been decided vide order dated 29.7.2013, Annexure R1. In case the petitioners are not satisfied with the legality and propriety of the order, it will be open to the petitioners to challenge the validity of order Annexure R1 by availing the legal remedy available to them.

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With above observations, this petition is disposed of as having rendered infructuous without prejudice to the individual rights of the petitioners to question the legality of order Annexure R1,

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Raj Kumar Arora 2013.10.26 14:10 I attest to the accuracy and integrity of this document

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COCP-1857-2013 (O&M)

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in accordance with law. It is observed that this order will not be considered as a precedent so far as other pending similar petitions are concerned.

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October 22, 2013. rka

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(M.M.S. BEDI) JUDGE

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Amrik Singh & Ors. v. Sumedh Singh Saini & Ors.

Case brief

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Amrik Singh & Ors. v. Sumedh Singh Saini & Ors.

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