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2025 DAILYLAW 46378 (PNJ)

DINESH KUMAR AND OTHERS v. STATE OF HARYANA AND OTHERS

CWP/10905/2025 · 2025-04-23

Vinod S Bhardwaj

body2025

Judgment text

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CWP-10905-2025 (O&M). -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH. 114 CWP-10905-2025 (O&M). Date of Decision: 23.04.2025. DINESH KUMAR AND OTHERS ... Petitioner(s) Versus STATE OF HARYANA AND OTHERS ... Respondent(s) CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ. Present: None for the petitioner(s). VINOD S. BHARDWAJ, J. (ORAL) The petitioners have filed the instant petition seeking directions to the respondents to correct the sub category to ESP and to pay the salary of the petitioners along with interest and penalty for the default. 2 It has been averred in the writ petition that the petitioners are outstanding sports persons and eligible for selection under Eligible Sports Person category. The State of Haryana framed the Outstanding Sportspersons (Group A, B and C) Service Rules 2021. Respondent No.3 issued Advt. No.1/2023 dated 30.05.2023 for 13536 posts in Group D. The petitioners belonging to sub category ESP (Eligible Sports person) applied thereunder and appeared for the CET exam held on 21.10.2023 and 22.10.2023. Having RAJ KUMAR ARORA 2025.04.25 15:25 I attest to the accuracy and integrity of this document CWP-10905-2025 (O&M). -2- cleared the same, the petitioners were offered appointment. He contends that the result of the petitioners is being reflected in the ESM sub category whereas the petitioners belong to ESP sub category and are way above the cut off marks thereunder. It is averred that as a result of the anomaly committed by the respondents on their own record, the petitioners are not being disbursed the salary despite them discharging the functions. It is also averred that the petitioners have already submitted a representation dated 21.11.2024 (Annexure P-4), however, no decision has been taken thereupon and therefore, a prayer is made for directing the respondents to pass a speaking and reasoned order in accordance with law and in a time bound manner. 3 I have gone through the instant writ petition and the averments contained thereunder as well as the prayer made in the present writ petition, I am of the opinion that issuance of the formal notice may not be necessary in the present case in view of the order which this Court proposes to pass. 4 Accordingly, taking into consideration totality of the circumstances and the facts noticed above and also considering that the error, if any, was solely on part of respondent No.3 in failing to revise the result and reflecting the correct category of the petitioner, the present writ petition is disposed of at this stage without commenting upon the merits of the case with a direction to respondent No.3-the Secretary, Haryana Staff Selection Commission, Panchkula, to decide the representation dated 21.11.2024 (Annexure P-4), submitted by the petitioners and to pass a speaking and RAJ KUMAR ARORA 2025.04.25 15:25 I attest to the accuracy and integrity of this document CWP-10905-2025 (O&M). -3- reasoned order thereupon in accordance with law within a period of three months from the date of receipt of certified copy of this order. 5 Let the salary of the petitioners be released within a further period of one month thereafter failing which the petitioners shall be entitled to interest @ 6% per annum on the delayed release of the salary. April 23, 2025. (VINOD S. BHARDWAJ) raj arora JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RAJ KUMAR ARORA 2025.04.25 15:25 I attest to the accuracy and integrity of this document