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Ramphal Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

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Punjab & Haryana HC
2025
Ramphal Vs State of Haryana and OthersRamphal v. State of Haryana and Others

Disposed¶23

Ramphal v. State of Haryana and Others

Punjab & Haryana HC22 Apr 2025CWP/1109/2020

Case brief

AI extract

What is this about?

Keywords: seniority list; revised seniority list; feeder cadre; Junior Engineer; Horticulture Division Panchkula; Executive Engineer; promotion order 30.08.2019; order 19.12.2017; withdrawal of writ petition; liberty to refile with better particulars; limitation protection; compliance direction dated 16.01.2020; hearing of 10.07.2024; CWP-1109-2020; Ramphal v. State of Haryana; respondent No.4; Vinod S. Bhardwaj, J.; decision dated 22.04.2025. Useful for practitioners assessing withdrawal-with-liberty outcomes and limitation protection on refiling; no statutory provision or precedent was cited or adjudicated in this order.

What did the court decide?

Withdrawal of the writ petition permitted, with liberty to file an appropriate petition with better particulars, if so advised; the period spent in pursuing the present writ petition is to be taken into consideration in any subsequent petition.

Why is it important?

The writ petition is disposed of as withdrawn, with liberty to the petitioner to file an appropriate petition with better particulars, if so advised. ¶23

What the court decided

AI extract

Outcome

Withdrawal of the writ petition permitted, with liberty to file an appropriate petition with better particulars, if so advised; the period spent in pursuing the present writ petition is to be taken into consideration in any subsequent petition.

Issue for consideration

Whether the petitioner was wrongly shown junior to respondent No.4 in the revised seniority list of the feeder cadre for the post of Junior Engineer (order dated 19.12.2017). +1 more

Ratio / Principle

The writ petition is disposed of as withdrawn, with liberty to the petitioner to file an appropriate petition with better particulars, if so advised.

Key takeaways

In the event of the petitioner preferring any subsequent petition, the period spent in pursuing the present writ petition shall be taken into consideration.ratio¶24

Detailed headnote1 paragraphs

Punjab and Haryana High Court at Chandigarh; CWP-1109-2020; Ramphal v. State of Haryana and others; decided orally on 22.04.2025 by Vinod S. Bhardwaj, J. The writ petition challenged (i) the order dated 19.12.2017 of the Executive Engineer, Horticulture Division, Panchkula placing the petitioner junior to respondent No.4 in the revised seniority list of the feeder cadre for Junior Engineers, and (ii) the promotion order dated 30.08.2019 promoting respondent No.4 to Junior Engineer. The State pointed out the petitioner's persistent non-compliance with this Court's order of 16.01.2020 requiring production of the pre-19.12.2017 seniority list (time again sought on 10.07.2024), and that the earlier promotion based on respondent No.4's unchallenged seniority had never been assailed. Counsel for the petitioner thereupon sought withdrawal to refile with better particulars. The petition was disposed of as withdrawn with such liberty, and the Court directed that the period spent pursuing the present writ petition be counted in any subsequent petition.

A

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

230

CWP-1109-2020 Date of decision: 22.04.2025

RAMPHAL

......Petitioner

VERSUS

STATE OF HARYANA AND OTHERS

.......Respondents

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present: - Ms. Tanya Vashist, Advocate for Mr. S.S. Nain, Advocate for the petitioner.

Mr. Tapan Kumar, DAG, Haryana.

Mr. Ravinder Malik (Ravi), Advocate for respondent No.4.

VINOD S. BHARDWAJ, J. (Oral)

Challenge in the present writ petition is to the order dated 19.12.2017 issued by the Executive Engineer Horticulture Division, Panchkula vide which the petitioner has been shown junior to the respondent No.4 and also to the order of promotion dated 30.08.2019 issued by the respondents vide which the respondent No.4 had been promoted to the post of Junior Engineer.

Counsel for the respondents contend that the order dated 19.12.2017 (Annexure P-6) is in the reference of preparation of revised seniority list of feeder Cadre for the post of Junior Engineers. They contend VISHAL SHARMA 2025.04.25 12:13 I attest to the accuracy and integrity of this document

CWP-1109-2020

-2-

that the petitioner had sought time to file the seniority list that existed before 19.12.2017 as noticed by this Court in the order of 16.01.2020. It is submitted that the needful was not done and subsequently when the matter was taken up on 10.07.2024, the petitioner again sought time to comply with the order of 16.01.2020 but the needful has not been done so far.

Learned State Counsel also apprises that the seniority of the respondent No. 4 in the feeder Cadre itself had been placed above the petitioner and that the earlier order of promotion had not been challenged by the petitioner at any stage and that the subsequent order of promotion on the basis of his unchallenged seniority is now being raised before this Court.

Faced with the above, Counsel for the petitioner seeks withdrawal of the present writ petition so as to file an appropriate petition with better particulars, if so advised.

Disposed of as withdrawn with liberty as aforesaid.

Needless to mention that in the event of the petitioner exercising an option to prefer any subsequent petition, the period spent in pursuing the present writ petition shall be taken into consideration.

(VINOD S. BHARDWAJ) APRIL 22, 2025 JUDGE

Vishal Sharma

Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

VISHAL SHARMA 2025.04.25 12:13 I attest to the accuracy and integrity of this document

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner was wrongly shown junior to respondent No.4 in the revised seniority list of the feeder cadre for the post of Junior Engineer (order dated 19.12.2017).¶16
2.
Whether the promotion of respondent No.4 to the post of Junior Engineer by order dated 30.08.2019, issued on the basis of his seniority, was open to challenge.¶16

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 19.12.2017 issued by the Executive Engineer, Horticulture Division, Panchkula showing the petitioner junior to respondent No.4 in the revised seniority list of the feeder cadre for Junior Engineers; and order of promotion dated 30.08.2019 issued by the respondents promoting respondent No.4 to the post of Junior Engineer.¶16
Executive Engineer, Horticulture Division, Panchkula (seniority list); respondents (promotion order) · 19.12.2017 and 30.08.2019
Prior proceeding
By order of 16.01.2020 this Court noticed that the petitioner had sought time to file the seniority list that existed before 19.12.2017; the needful was not done.¶20
Prior proceeding
When the matter was taken up on 10.07.2024, the petitioner again sought time to comply with the order of 16.01.2020 but the needful has not been done so far.¶20
Prior proceeding
Faced with the respondents' contentions, counsel for the petitioner sought withdrawal of the writ petition so as to file an appropriate petition with better particulars, if so advised.¶22

Parties & counsel

AI extract

petitioner
RAMPHAL¶11
Tanya Vashist, S.S. Nain
respondent
STATE OF HARYANA AND OTHERS¶7
Tapan Kumar
respondent
Respondent No.4¶13
Ravinder Malik (Ravi)

Coram

AI extract

Vinod S. Bhardwajauthor¶9

Case details

As recorded by the court registry

Court: Punjab & Haryana HC
Decided on: 22 Apr 2025 · April
Registered: 15 Jan 2020
Case no.: CWP/1109/2020
CNR: PHHC010031102020
Bench: Vinod S. Bhardwa
Disposal: DISPOSED OF
Case type: CWP

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Cite this judgement

Ramphal v. State of Haryana and Others, CWP/1109/2020 (P&H), decided on 22 April 2025.

The High Court of Punjab and Haryana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history4

Order dated 19.12.2017 issued by the Executive Engineer, Horticulture Division, Panchkula showing the petitioner junior to respondent No.4 in the revised seniority list of the feeder cadre for Junior Engineers; and order of promotion dated 30.08.2019 issued by the respondents promoting respondent No.4 to the post of Junior Engineer.Executive Engineer, Horticulture Division, Panchkula (seniority list); respondents (promotion order) · 19.12.2017 and 30.08.2019
By order of 16.01.2020 this Court noticed that the petitioner had sought time to file the seniority list that existed before 19.12.2017; the needful was not done.
When the matter was taken up on 10.07.2024, the petitioner again sought time to comply with the order of 16.01.2020 but the needful has not been done so far.

View full history

Bench / Coram

Vinod S. Bhardwaj

Parties & counsel