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Punjab-Haryana High Court

Rajendra Prakash Gupta vs State Of Haryana And Another on 20 January, 2014

Author: Augustine George Masih

Bench: Augustine George Masih

           CIVIL WRIT PETITION NO.26295 OF 2013                                          :{ 1 }:

                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                         CHANDIGARH


                                             DATE OF DECISION: JANUARY 20, 2014


           Rajendra Prakash Gupta

                                                                               .....Petitioner

                                             VERSUS

           State of Haryana and another

                                                                               ....Respondents

           CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH

           1. Whether Reporters of local papers may be allowed to see the judgement?
           2. To be referred to the Reporters or not?
           3. Whether the judgment should be reported in the Digest?

           Present:            Mr. Raman B. Garg, Advocate,
                               for the petitioner.

                                     *****

           AUGUSTINE GEORGE MASIH, J. (ORAL)

Petitioner has approached this Court, praying for issuance of a writ of mandamus, directing the respondents to promote the petitioner as Headmaster with effect from 12.12.1973, the date his juniors were so promoted, instead of 22.12.1981, with all consequential benefits as per letter dated 1.3.1994, Annexure P-6.

Counsel for the petitioner has placed reliance upon a communication dated 1.3.1994, Annexure P-6, received by the petitioner in response to his representation, wherein it was stated that his claim for promotion with retrospective date cannot be decided at that stage as Civil Writ Petition No.1797 of 1991 (Gian Parkash Jagga and others Vs. the The Secretary, Education Department, Haryana and others) was Khurmi Rakesh 2014.01.21 11:30 I attest to the accuracy and integrity of this document CIVIL WRIT PETITION NO.26295 OF 2013 :{ 2 }:

pending before this Court. The said writ petition was dismissed for non- prosecution vide order dated 28.4.2010, Annexure P-9. Thereafter, the petitioner submitted a representation dated 29.3.2012, Annexure P-7, which has, till date, not been decided.
Counsel contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Principal Secretary, Department of Education, Haryana, Chandigarh-respondent No.1, to consider and decide the representation dated 29.3.2012, Annexure P-7, filed by the petitioner, within some specified time.
In view of the statement made by the counsel for the petitioner and without going into the merit of the case or commenting thereon, the present writ petition is disposed of with directions to the Principal Secretary, Department of Education, Haryana, Chandigarh-respondent No.1, to consider and decide the representation dated 29.3.2012, Annexure P-7, within a period of four months from the date of receipt of certified copy of this order.
In case the claim of the petitioner is not to be accepted, then a well reasoned and speaking order be passed and conveyed to the petitioner forthwith.
           January 20, 2014                             ( AUGUSTINE GEORGE MASIH )
           khurmi                                                    JUDGE




Khurmi Rakesh
2014.01.21 11:30
I attest to the accuracy and
integrity of this document