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Darshan Lal Kwatra vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 14 July 2014 · Citation: (2014) 07 P&H CK 0276

HON’BLE JUDGES
Augustine George Masih, J
RESULT
Disposed Off
CASE NUMBER
CWP No. 17366 of 2013
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Judgment

4 paragraphs · 342 words

Augustine George Masih, J.—Petitioner has approached this Court claiming promotion to the post of Personal Assistant w.e.f. 06.06.2012 with all consequential benefits as he has already been granted the ACP Scale of the said post vide order dated 07.09.2011 (Annexure P-2).

2.

Counsel for the petitioner has referred to Rule 8 of the Haryana Civil Services (Assured Career Progression) Rules, 2008, to contend that an employee can only be granted the ACP Scale who is fit to be promoted to the next higher post in the functional hierarchy in his cadre but because there are no posts lying vacant in the promotional post, he is being granted the said benefit. There are two posts of Personal Assistant lying vacant in the department since 06.06.2012 and the claim of the petitioner for promotion on the said post is not being considered although he is fit for promotion as he has already been granted the benefit of ACP Scale.

3.

Counsel for the respondent, on the other hand, has although opposed the claim of the petitioner but keeping in view the reply filed by the respondents especially para-2 of the preliminary submissions, it appears that the seniority list of the Senior Scale Stenographers is not being finalized by the respondents. The tentative seniority list was circulated on 18.04.2013, to which claim and objections have been referred to the Committee constituted for the purpose for making its recommendations for finalizing the seniority list. As soon as the seniority list is finalized, the case of the petitioner for promotion to the post of Personal Assistant would be examined in accordance with the provisions of law.

4.

In view of the above, the present writ petition is disposed of with directions to the Director, Panchayats, Haryana-respondent No. 2 to finalize the seniority list within a period of two months'' from the date of receipt of certified copy of the order. Thereafter, the claim of the petitioner for promotion to the post of Personal Assistant be examined and appropriate orders passed within a further period of one month.