Karnail Singh vs State of Haryana and another

Augustine George Masih, J.—The contention of the petitioner in this writ petition is that he was initially appointed as a Junior Engineer and on passing his B.E. (Civil) Degree, he was given promotion w.e.f. 01.07.2003 on regular post as Sub-Divisional Engineer (SDO), Panchayati Raj. The respondents, without following the seniority, started making promotions to the post of Executive Engineer and promoted his juniors. Aggrieved by the action of the respondents, the petitioner submitted a representation dated 20.07.2010 (Annexure P-2) claiming therein that he be promoted as an Executive Engineer from the date his junior Sh. Ravinder Mohan-respondent No. 2 stands promoted i.e. 04.07.2005. When no response was received from the respondents, the petitioner served a legal notice through counsel on 09.05.2011 (Annexure P-3) but till date, no decision thereon has been taken or conveyed to the petitioner.

Counsel for the petitioner contends that at this stage, the petitioner will be satisfied if a direction is issued to the Financial Commissioner and Principal Secretary to Government of Haryana-respondent No. 1 to consider the representation and legal notice served by the petitioner on respondent No. 1 and pass an appropriate order.

Without going into the merits of the case or commenting thereon, the present petition is disposed of with directions to the Financial Commissioner and Principal Secretary to Government of Haryana-respondent No. 1 to consider the claim of the petitioner which he has put forth through his representation dated 20.07.2010 (Annexure P-2) and further through a legal notice dated 09.05.2011 (Annexure P-3) within a period of three months from the date of receipt of a certified copy of this order. The decision, so taken, be conveyed to the petitioner forthwith. In case, the petitioner is held entitled to the claim made by him, the consequential benefits be granted to the petitioner within a further period of two months.