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Judgment
12 paragraphs · 459 wordsHarpreet Singh Brar, J
CM-16820-CWP-2025
This application application has been filed under Section 151 of the Code of Civil Procedure, 1908 seeking preponement of date of hearing from 04.02.2026 to an early date.
Learned counsel for the applicant-petitioner submits that he confines his prayer limited to the extent of disposal of the main petition with a direction to respondent No.2 to decide the claim raised by the petitioner in the appeal (Annexure P-8) filed by her on 18.10.2024 before respondent No.1, as she is aggrieved by rejection of her claim for promotion with retrospective effect vide order dated 01.02.2024 (Annexure P-2), whereas respondent No.1 promoted respondent No.3 to the post of Private Secretary vide order dated 25.10.2024 (Annexure P-1) in an illegal, arbitrary and biased manner.
In view of the above, instant application is allowed and date of hearing is preponed from 04.02.2026 to today. The main petition is taken on board for final disposal today itself.
CWP-29806-2024
Instant civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of CERTIORARI seeking quashing of the order dated 25.10.2024 (Annexure P-1), vide which respondent No.1 promoted respondent No.3 on 16.08.2018, who is junior to the petitioner, to the post of Personal Assistant with retrospective effect from 11.01.2017 and further to the post of Private Secretary w.e.f. 11.01.2024 and also to issue a writ in the nature of MANDAMUS directing the respondents to promote the petitioner on the post of Private Secretary, in accordance with rules and regulations.
Learned counsel for the petitioner submits that at this stage, the petitioner would be satisfied, if the appeal dated 18.10.2024 (Annexure P-8) filed by her is decided by respondent No.2, by passing a speaking order, after affording an opportunity of hearing, in a time bound manner.
Learned State counsel submits that the claim raised by the petitioner in her appeal filed on 18.10.2024 (Annexure P-8) would be considered and decided by respondent No.2, by passing a speaking order, in a time bound manner.
In view of the limited prayer made by learned counsel for the petitioner, present petition is disposed of and respondent No.2 is directed to consider and decide the appeal dated 18.10.2024 (Annexure P-8) filed by the petitioner and pass a speaking order, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of certified copy of this order.
Further, the decision taken on the appeal dated 18.10.2024 (Annexure P-8) shall be conveyed to the petitioner.
Needless to say, if the petitioner is found entitled to the relief sought, the same be granted to her forthwith by the competent authority.
