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Punjab-Haryana High Court

Satish Kumar vs Union Of India & Ors on 9 January, 2018

Author: P.B. Bajanthri

Bench: P.B. Bajanthri

CWP-145-2016 (O&M)                                                        -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                              CWP-145-2016 (O&M)
                                              Date of Decision:-09.01.2018.



Satish Kumar
                                                               .....Petitioner
                            Versus


Union of India and others

                                                             ......Respondents

CORAM:        HON'BLE MR. JUSTICE P.B. BAJANTHRI
                          ****

Present:     Mr. Ravi Badyal, Advocate for the petitioner.

             Mr. Karan Bhardwaj, Advocate for the respondents.

                          ****

P.B. BAJANTHRI, J. (Oral)

Petitioner has sought for a direction to the respondents to grant consequential benefits especially restoration of seniority and promotion in the substantive rank of Havildar from 01.01.1996 in view of the order passed by this Court in CWP-8039-2010 read with the LPA decision passed in LPA-1571-2010. Having regard to the relief of writ of mandamus, petitioner has not approached the concerned respondent demanding his relief. He has straightaway approached this Court. Unless and until there is a demand before the competent authority in respect of relief sought in the present petition, writ petition cannot be entertained.

Accordingly, petition stands dismissed.

Reserving liberty to the petitioner to approach the concerned respondent seeking consequential benefits like seniority and promotion in 1 of 2 ::: Downloaded on - 15-01-2018 01:58:27 ::: CWP-145-2016 (O&M) -2- the substantive rank of Havildar from 01.01.1996 and consequential monetary benefits, if any. If such demand/application/representation is submitted before the competent authority, competent authority is hereby directed to consider petitioner's claim and pass a speaking order and communicate to the petitioner at the earliest.

(P.B. BAJANTHRI) JUDGE January 09, 2018.

sandeep


Whether speaking/reasoned:-                               Yes / No

Whether Reportable:-                                      Yes / No.




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