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2024 DAILYLAW 2858 (PNJ)

MUKESH YADAV v. STATE OF HARYANA

CWP/21123/2026 · 2026-07-15

Nidhi Gupta

body2024

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 107 Mukesh Yadav State of Haryana and CORAM: Present:- NIDHI GUPTA J. (Oral) a writ of withholding the petitioner's promotion to the post of Officer proceedings or other legal impediment against hi his juniors; further respondents to promote the petitioner as 31.12.2024 fixation, arrears of salary and other admissible service benefits. also prayed that the petitioner's pending representation dated subsequent reminders/legal notice by passing a reasoned and speaking order within a stipulated period. . CWP-21123-2026 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.21123 of 2026 Date of decision : Mukesh Yadav Versus State of Haryana and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Sushil Jain, Advocate for the petitioner. NIDHI GUPTA J. (Oral) Prayer in the present Civil Writ Petition is for issuance of a writ of Certiorari quashing the action of the respondents in withholding the petitioner's promotion to the post of w.e.f. 31.12.2024, despite there being no disciplinary proceedings or other legal impediment against hi his juniors; further issuance of a writ of respondents to promote the petitioner as 31.12.2024, with all consequential benefits including seniority, pay fixation, arrears of salary and other admissible service benefits. also prayed that respondent No.1 be directed the petitioner's pending representation dated subsequent reminders/legal notice by passing a reasoned and speaking order within a stipulated period. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 21123 of 2026 (O & M) Date of decision :-15.07.2026 …..Petitioner …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Prayer in the present Civil Writ Petition is for issuance of quashing the action of the respondents in withholding the petitioner's promotion to the post of Accounts , despite there being no disciplinary proceedings or other legal impediment against him, while promoting a writ of Mandamus directing the respondents to promote the petitioner as Accounts Officer w.e.f. , with all consequential benefits including seniority, pay fixation, arrears of salary and other admissible service benefits. It is be directed to consider and decide the petitioner's pending representation dated 13.01.2025 and subsequent reminders/legal notice by passing a reasoned and speaking VIJAY ASIJA 2026.07.15 18.37 I attest to the accuracy and integrity of this document that the petitioner would be satisfied, at this stage, if a direction is issued to representation pending consideration before respondent No.1. and has no objection in case the limited prayer made by learned counsel for the petitioner is accepted. claim raised by the petitioner, and in view of the limited relief sought, the present writ petition is disposed of with a direction to respondent(s)/authority dated 13.1.2025 order, in accordance with law, within a period of date of receipt of a certified copy of this order. opinion on the entitlement of the petitioner to the the competent authority shall take an independent decision in accordance with the applicable rules and regulations. Pending application(s), if any, shall also stand disposed of. July 15, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CWP-21123-2026 (O & M) At the outset, learned counsel for the petitioner submits that the petitioner would be satisfied, at this stage, if a direction is issued to respondent(s)/authority to consider and deci representation dated 13.1.2025 (Annexure P ng consideration before respondent No.1. Notice of motion. Ms. Tanushree Gupta, Addl. A.G. Haryana accepts notice and has no objection in case the limited prayer made by learned counsel for the petitioner is accepted. Without expressing any opinion on t claim raised by the petitioner, and in view of the limited relief sought, the present writ petition is disposed of with a direction to respondent(s)/authority to consider and decide the 13.1.2025 (Annexure P-3) by passing a speaking and reasoned order, in accordance with law, within a period of date of 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 competent authority shall take an independent decision in accordance with the applicable rules and regulations. Pending application(s), if any, shall also stand disposed of. , 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 ed counsel for the petitioner submits that the petitioner would be satisfied, at this stage, if a direction is to consider and decide the aforesaid (Annexure P-3), which is stated to be ng consideration before respondent No.1. Ms. Tanushree Gupta, Addl. A.G. Haryana accepts notice and has no objection in case the limited prayer made by learned 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 to consider and decide the representation ing a speaking and reasoned order, in accordance with law, within a period of six months from the date of 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 competent authority shall take an independent decision in accordance with the applicable rules and regulations. Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.07.15 18.37 I attest to the accuracy and integrity of this document