The court disposed of a petition without expressing an opinion on merits regarding promotion denial, directing the competent authority to decide a legal notice via a speaking order within three months.
Direction to the competent authority to decide Annexure P-6 (legal notice) by passing a speaking order within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
128 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-21111-2021 Date of decision : October 13, 2021
Gorakh Khan
.....Petitioner
Versus
State of Haryana and others
....Respondents
CORAM:- HON'BLE MRS. JUSTICE LISA GILL Present: Mr.Ravi Verma, Advocate for the petitioner.
Mr. Harish Nain, AAG, Haryana.
�***
LISA GILL, J.
This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.
Petitioner claims that his case for promotion to the post of Trained Post Graduate Teacher (TGT) English is not being considered w.e.f. 17.07.2018 in an illegal and arbitrary manner. Learned counsel refers to CWP-21743-2018 where controversy regarding requirement of 50% marks in BA in the concerned subject and the situation where the candidate not having said marks but having done Post Graduation in the subject with 50% or more than 50% marks, is pending adjudication. It is submitted that during pendency of this writ petition, respondents have proceeded to promote persons junior to the petitioner but petitioner has been ignored. Reference is made to order dated 28.08.2019 in respect to one Deepak, JBT, GPS, Shadipur Julana, Jind. It is further submitted that despite serving legal notice dated 19.06.2021, Annexure P-6, upon the respondents, no action is being taken.
At this stage, learned counsel for the petitioner restricts the prayer for a decision on legal notice dated 19.06.2021, Annexure P-6, submitted by the petitioner, in a time bound manner.
Notice of motion.
OMKAR SINGH
2021.10.17 12:44 I attest to the accuracy and integrity of this document High Court, Chandigarh
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CWP-21111-2021
Mr. Harish Nain, AAG, Haryana accepts notice on behalf of the respondents. Advance copy of writ petition stands supplied. Learned counsel for the respondent-State does not raise serious objection to the restricted prayer.
Keeping in view the limited prayer addressed, facts and circumstances of the case but without expressing any opinion on the merits thereof, this writ petition is disposed of with a direction to the competent authority, to decide legal notice dated 19.06.2021, Annexure P-6, if any, by passing a speaking order, within three months from the date of receipt of certified copy of this order.
October 13, 2021 Rts
Whether speaking/reasoned : Yes/No Whether reportable: Yes/No
OMKAR SINGH 2021.10.17 12:44 I attest to the accuracy and integrity of this document High Court, Chandigarh
Gorakh Khan
State of Haryana
Lisa Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
