Vinod Kumar and Other v. State of Punjab and Others

Punjab & Haryana HC2 May 2025CWP/12346/2025

Case brief

AI extract

What is this about?

Seniority list rectification; Sub-Divisional Officer; retrospective promotion; departmental order dated 04.11.2024; Legal Notice dated 14.02.2025; speaking order; eight weeks time-bound decision; writ petition disposed of as not pressed; State of Punjab; High Court of Punjab and Haryana.

What did the court decide?

Petition disposed of as not pressed; competent authority to decide the pending Legal Notice dated 14.02.2025 within eight weeks of receipt of certified copy of the order by passing an appropriate speaking order, granting relief if the petitioners are found entitled, otherwise conveying due reasons to them. ¶¶21

Vinod Kumar and Other Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to rectification/modification of the seniority list of Sub-Divisional Officer in view of the departmental order dated 04.11.2024 (Annexure P-8) granting retrospective promotion. +1 more

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Ratio / Principle

The Court accepted and recorded the undertaking of the State counsel, given on the asking of the Court, that the pending Legal Notice dated 14.02.2025 (Annexure P-12) shall be decided by the competent authority within eight weeks of receipt of certified copy of the order by passing an appropriate speaking order; if the petitioners are found entitled, relief will be granted, otherwise due reasons will be mentioned in the speaking order and conveyed to the petitioners.

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Key takeaways

Keeping in view the statement of learned State counsel, the petition was disposed of, having been not pressed any further by the petitioners.ratio¶¶21
Pending civil miscellaneous application(s), if any, stand disposed of.ratio¶¶22

Detailed headnote1 paragraphs

CWP-12346-2025 (O&M) — Vinod Kumar and other v. State of Punjab and others — High Court of Punjab and Haryana at Chandigarh (Harsimran Singh Sethi, J.), decided 02.05.2025: Petitioners, who had been granted the benefit of retrospective promotion to the post of Sub-Divisional Officer by departmental order dated 04.11.2024 (Annexure P-8), claimed rectification/modification of the seniority list; their grievance raised in Legal Notice dated 14.02.2025 (Annexure P-12) was pending with the respondents. On the asking of the Court, the State counsel stated that the competent authority would decide the pending notice within eight weeks of receipt of certified copy of the order by passing an appropriate speaking order, granting relief if the petitioners were found entitled and otherwise conveying reasons. The petition was accordingly disposed of as not pressed further, and pending civil miscellaneous application(s), if any, stood disposed of.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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114

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CWP-12346-2025 (O&M) Decided on :02.05.2025

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VINOD KUMAR AND OTHER

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. .Petitioner

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Versus

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STATE OF PUNJAB AND OTHERS . . . Respondents

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CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

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PRESENT: Mr. Rakesh Sobti, Advocate for the petitioners.

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Ms. Akshita Chauhan, DAG, Punjab.

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HARSIMRAN SINGH SETHI , J. (Oral)

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In the present petition, the claim of the petitioners is for rectification/modification of the seniority list of Sub-Divsional Officer keeping in view the order passed by the respondents-department dated 04.11.2024 (Annexure P-8) by which, the benefit of retrospective promotion to the post of Sub-Divsional Officer has been given to the petitioners.

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Learned counsel for the petitioners submits that the petitioners have already raised the said grievance in the Legal Notice dated 14.02.2025 (Annexure P-12) but the same is still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a direction is issued to the respondents to decide the same by passing an appropriate speaking order in a time bound manner.

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RIYA 2025.05.02 16:39 I attest to the accuracy and integrity of this document

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CWP-12346-2025 (O&M)

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Notice of motion.

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On the asking of the Court, Ms. Akshita Chauhan, DAG, Punjab, who is present in Court, accepts notice on behalf of the respondentState and submits that in case, Legal Notice dated 14.02.2025 (Annexure P- 12) has been received in the office of the concerned authorities and the same is still pending consideration with the authorities concerned, the same will be decided by the competent authority within a period of eight weeks of the receipt of certified copy of this order by passing an appropriate speaking order and in case, the petitioners are found entitled for grant of any relief, the same will be granted to them, otherwise due reasons for not accepting the claim of the petitioners will be mentioned in the speaking order the said reasons will also be conveyed to the petitioners for their information and necessary action.

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Learned counsel for the petitioners submits that keeping in view the statement of learned State counsel, the present petition may kindly be disposed of having been not pressed any further.

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