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High Court of Punjab and Haryana · body

2017 DAILYLAW 3639 (PNJ)

RAKESH KUMAR v. STATE OF HARYANA AND OTHERS

CWP/27428/2026 · 2026-09-11

Nidhi Gupta

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 107 Rakesh Kumar State of Haryana and CORAM: Present:- NIDHI GUPTA J. (Oral) appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to consider the claim of the petitioner for promotion in accordance with the seniority list dated 01.07.2017 (Annexure P Supreme Court in “ versus Chairman and Managing Director, Transmission Corporation of Telangana Limited judgment dated Supreme Court in “ Commission (UGC) and Others the petitioner would be satisfied, at this stag respondents to consider and decide the representations dated 16.4.2026 CWP-27428-2026 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.27428 of 2026 (O & M) Date of decision : Rakesh Kumar Versus State of Haryana and another CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Sandeep S. Majithia, Advocate for the petitioner. Mr. Harish Kumar Nain, DAG, Haryana. NIDHI GUPTA J. (Oral) Prayer in the present writ petition is for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to consider the claim of the petitioner for promotion in accordance with the seniority list dated 01.07.2017 (Annexure P-5), in the light of the judgment passed by the Hon’ble Supreme Court in “Registrar, Jawaharlal Nehru Technological University versus Chairman and Managing Director, Transmission Corporation of Telangana Limited”, reported as 2019 (13) SCC 620, as well as the judgment dated 15.10.2025 (Annexure P Supreme Court in “C.S. Kandwal and Others versus University Grants Commission (UGC) and Others” At the outset, learned counsel for the petitioner submits that the petitioner would be satisfied, at this stag respondents to consider and decide the representations dated 16.4.2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 27428 of 2026 (O & M) Date of decision :-11.09.2026 …..Petitioner …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Sandeep S. Majithia, Advocate Mr. Harish Kumar Nain, DAG, Haryana. Prayer in the present writ petition is for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to consider the claim of the petitioner for promotion in accordance with the seniority list dated 01.07.2017 judgment passed by the Hon’ble Registrar, Jawaharlal Nehru Technological University versus Chairman and Managing Director, Transmission Corporation of ”, reported as 2019 (13) SCC 620, as well as the 15.10.2025 (Annexure P-6) passed by the Hon’ble C.S. Kandwal and Others versus University Grants At the outset, learned counsel for the petitioner submits that the petitioner would be satisfied, at this stage, if a direction is issued to respondents to consider and decide the representations dated 16.4.2026 VIJAY ASIJA 2026.09.11 17.10 I attest to the accuracy and integrity of this document (Annexures P Hon’ble Supreme Court in manner, whi behalf of respondents aforesaid limited prayer of learned counsel for the petitioner raised by the petitioner, and in view of the limited relief sought, the present writ petition is disposed of with a direction to respondents to consider and decide the represe keeping in view the judgment passed by the Hon’ble Supreme Court in Kandwal’s accordance with law, within a period of four months from th receipt of a certified copy of this order. on the entitlement of the petitioner to the claimed benefit, and the competent authority shall take an independent decision in accordance w the applicable rules and regulations. September 1 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CWP-27428-2026 (O & M) (Annexures P-7 and P-8) while keeping in view the judgment passed by the Hon’ble Supreme Court in C.S. Kandwal’s manner, which are stated to be pending consideration. Notice of motion. Mr. Harish Kumar Nain, DAG, Haryana accepts notice on behalf of respondents-State and submits that he has no objection in case the aforesaid limited prayer of learned counsel for the petitioner Heard. Without expressing any opinion on the merits of the claim raised by the petitioner, and in view of the limited relief sought, the present writ petition is disposed of with a direction to respondents to consider and decide the representations dated 16.4.2026 (Annexures P keeping in view the judgment passed by the Hon’ble Supreme Court in Kandwal’s case (supra), by passing a speaking and reasoned order, in accordance with law, within a period of four months from th receipt of a certified copy of this order. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to the claimed benefit, and the competent authority shall take an independent decision in accordance w the applicable rules and regulations. Pending application(s), if any, shall stand disposed of. September 11, 2026 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 8) while keeping in view the judgment passed by the case (supra), in a time bound ch are stated to be pending consideration. Mr. Harish Kumar Nain, DAG, Haryana accepts notice on State and submits that he has no objection in case the aforesaid limited prayer of learned counsel for the petitioner is accepted. Without expressing any opinion on the merits of the claim raised by the petitioner, and in view of the limited relief sought, the present writ petition is disposed of with a direction to respondents to consider and ntations dated 16.4.2026 (Annexures P-7 and P-8) while keeping in view the judgment passed by the Hon’ble Supreme Court in C.S. case (supra), by passing a speaking and reasoned order, in accordance with law, within a period of four months from the date of It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to the claimed benefit, and the competent authority shall take an independent decision in accordance with Pending application(s), if any, shall stand disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.09.11 17.10 I attest to the accuracy and integrity of this document