Punjab-Haryana High Court
Mandeep Singh And Other vs State Of Punjab And Others on 18 December, 2023
Author: Sanjeev Prakash Sharma
Bench: Sanjeev Prakash Sharma
Neutral Citation No:=2023:PHHC:162889
2023:PHHC:162889
104
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CM-21167-CWP-2023 in/and
CWP-37716-2018 (O&M)
Date of Decision: 18.12.2023
Mandeep Singh and others
. . . . Petitioner
Vs.
State of Punjab and another
. . . . Respondents
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CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
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Present: Mr. Inayat Khullar, Advocate,
for the applicants/petitioners.
Mr. Paramjit Batta, Addl. A.G., Punjab.
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SANJEEV PRAKASH SHARMA, J.(Oral)
1. Matter comes up on application. For the reasons stated, the main case is preponed and is taken on board today itself.
2. Learned counsel for the petitioners submits that the case of the petitioners is similar to the bunch of cases decided by this Court on 21.11.2023 in Sukhdeep Singh and others vs. State of Punjab and others in CWP-4882-2014 and other connected cases, whereby this Court passed the following order:
"30. The State Government will, therefore, carry out an exercise on the basis of the revised seniority which they will have to publish in the near future in accordance with what has been stated hereinabove.
31. If the petitioners are found otherwise eligibile for promotion, their promotion shall be made retrospectively from the date persons lesser in merit in the original selections have been so promoted. The consequential benefits shall also follow notionally. The service record for the purpose of promotion, of course will have to be considered only from the date the petitioners actually joined service for the purpose of merit.
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32. It is also noticed that the Rules of 1978 have been amended and also repealed and new Rules have come into force with effect from 2018, in order to clarify and avoid further litigation, the State Government is directed that as far as the seniority list is concerned, the same shall be prepared in terms of the Rules of 1978 up to the date the said Rules were in force and the exercise of promotion of the petitioners will also be considered in terms of the said Rules alone. Keeping in view that this Writ Petition was pending on the date when the Rules came into force. After the promulgation of the revised Rules, the seniority list can be drawn as per the revised Rules and also further promotions can be done as per those Rules for the vacancies which may arise after the promulgation of the new Rules.
33. The State Government shall conduct the exercise of preparation of the revised seniority list in the aforesaid terms within a period of three months and the exercise of promotion shall also be carried out accordingly thereafter within a period of three months."
3. Learned counsel for the petitioners states that he is satisfied if the same order is passed in the petitioners' case.
4. Learned counsel for the respondents/State submits that if the case of the petitioners falls in the same category, he does not have any objection if the same order is passed in the present case.
5. Taking the statement of learned counsel for the petitioners at bar, this writ petition is disposed of in same terms as above.
6. All pending applications also stand disposed of accordingly.
(SANJEEV PRAKASH SHARMA) JUDGE December 18, 2023 Mohit goyal
1. Whether speaking/reasoned? Yes/No
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