Disposed

Ved Vyas v. State of Haryana & Ors.

Punjab & Haryana HC11 Feb 2013CWP/2829/2013

Case brief

AI extract

What is this about?

The petitioner, a Forest Division Mali, sought ante-dated promotion to Forest Guard based on relaxation granted in 2011 and pending junior promotions. The petition was disposed of by directing the Appellate Authority to decide the pending statutory appeal filed by the petitioner within three months.

What did the court decide?

Direction to Respondent No.2 to take a final decision on the statutory appeal dated 06.08.2012 and pass a speaking order within 3 months.

Ved Vyas Vs State of Haryana & Ors. — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

CWP No.2829 of 2013 Date of Decision:11^th February, 2013

Ved Vyas

.....Petitioner

Vs.

State of Haryana & others

¶7

..... Respondents

¶8

CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.

¶9

Present: Mr. Jaspal Singh Maanipur, Advocate for the petitioner.

¶10

¶11

Tejinder Singh Dhindsa, J. (Oral)

¶12

It has been pleaded that the petitioner joined as Mali in the Forest Division, Yamunanagar on 10.08.1987. Further promotion is to the post of Forest Guard. In the year 2003 a D.P.C. was held in which the petitioner had been declared pass in the walking test and had been declared fit for promotion. However, he was not promoted as he was found short in height. A number of identically situated employees had been granted the requisite relaxation as regards height and accordingly the petitioner approached this Court by filing Civil Writ Petition No.19558 of 2009 which was disposed of vide order dated 17.12.2009 with a direction to the State Government to consider the representation of the petitioner for relaxation as regards height and to pass the requisite order within a period of 3 months. On account of the fact that no order was being passed, the petitioner filed COCP No.1094 of 2011 and upon issuance of notice therein an order was passed dated 07.07.2011 whereby the relaxation in height was even granted to the petitioner as per Rule 18 of the Haryana State Forest Executive Section (Group C) Service Rules,

¶13

CWP No. 2829 of 2013

¶14

- 2 -

¶15

In the light of such relaxation having been granted, the petitioner has been granted promotion to the post of Forest Guard vide order dated 08.07.2011.

¶16

Learned counsel for the petitioner would contend that since the petitioner had been declared fit for promotion under D.P.C. held in 2003 and identically situated employees had been granted the benefit of relaxation and have been promoted to the post of Forest Guard in the year 2003 itself, as such in the light of the relaxation granted to the petitioner on 07.07.2011, he would be vested with the right to claim ante dated promotion with effect from the date his juniors have been promoted. Counsel further submits that even a statutory appeal dated 06.08.2012 filed by the petitioner under Rule 9 (e) of the Haryana Service Rules (Punishment and Appeal) Rules 1987 against the order dated 08.07.2011 claiming benefit of retrospective promotion is still pending.

¶17

Without making any observations as regards the merit of the submission raised by the learned counsel, I deem it appropriate to dispose of the present writ petition with a direction to respondent No.2 i.e. The Appellate Authority-cum-Principal Chief Conservator of Forest, Haryana, to take a final decision on the statutory appeal dated 06.08.2012 (Annexure P-3) strictly in accordance with law and by passing a speaking order within a period of 3 months from the date of receipt of certified copy of this order.

¶18

The present writ petition is disposed of.

¶19

(TEJINDER SINGH DHINDSA) JUDGE

¶20

February 11, 2013 Diwaker Gulati

Ved Vyas v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Ved Vyas v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Associated Cement Companies Ltd. Vs State of Haryana etc.

Mahender Singh Vs the State of Punjab

Tarsem Chand Vs State of Haryana & Ors.

Pooja Vs State of Haryana and Ors.

Pushpa Devi and Ors. Vs Radhey Shyam and Ors.

Chaman Lal Vs State of Haryana