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2021 Supreme(P&H) 81
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. SANDHAWALIA, J.
Bachan Singh – Appellant
Versus
State of Punjab and others – Respondent
CWP No.7716 of 2017 (O&M)
Decided on : 24-03-2021
Advocate Appeared:
For the Appellant :Mr. Ranjivan Singh, Advocate
For the Respondent: Ms. Monica Chhibber Sharma, Sr. DAG, Punjab
The duty of the respondents to decide the petitioner's representation within a fixed time frame and to disburse necessary benefits if found eligible, or pass a reasoned order if found not entitled.
Headnote:
Promotion - Consideration for Promotion - Notional Promotion
Fact of the Case:
The petitioner sought consideration for promotion as Sub-Divisional Officer (SDO) under Articles 226/227 of the Constitution of India. The petitioner was eligible for promotion in 2013 but was not considered due to having a degree of B.Tech from a distant mode of education. The petitioner sought notional promotion based on the validation of his degree.
Finding of the Court:
The court found that the respondents failed to file a reply to the petition despite a period of four years having passed. The court directed respondent No.1 to decide the petitioner's representation within two months and disburse necessary benefits if found eligible, or pass a reasoned order if found not entitled.
Issues: Consideration for promotion, failure of respondents to reply, eligibility for notional promotion based on degree validation
Ratio Decidendi: The court emphasized the duty of the respondents to decide the petitioner's representation within a fixed time frame and to disburse necessary benefits if found eligible, or pass a reasoned order if found not entitled.
Final Decision: The present writ petition is disposed of with directions issued to respondent No.1 to decide the petitioner's representation within two months and disburse necessary benefits if found eligible, or pass a reasoned order if found not entitled.
JUDGMENT :
G.S. Sandhawalia , J.
1. The petitioner in the present writ petition filed under Articles 226/227 of the Constitution of India seeks consideration for promotion as Sub-Divisional Officer (SDO).
2. In spite of the notice of motion having been issued on 18.04.2017, the respondents have failed to file reply to the petition, though a period of 4 years has gone. Thereafter, even an application has been filed for disposal of the main case bearing CM-834-CWP-2021, in which also reply has not been received. Counsel for the petitioner submits that since he has now retired on 30.04.2017, he only seeks consideration for promotion by taking a decision on his representation dated 06.12.2020 (Annexure P- 12), which has been filed during the pendency of the present writ petition.
3. It is his grouse that the petitioner was eligible to be promoted w.e.f. April, 2013 when his juniors were promoted. However, on account of having a degree of B.Tech by way of Distant Mode of Education from Institute of Advanced Studies in Education University, Gandhi Vidya Mandir, Sardarshahr (Rajasthan) (Annexure P-1), he was not considered.
4. It is submitted that he has given the examination in December, 2018 and qualified the examination and the degree stands validated in terms of the judgment passed in the case of 'Orissa Lift Irrigation Corporation Limited Vs. Rabi Sankar Patrao and others' (2018) 1 SCC 550. Thus, he seeks consideration for notional promotion now.
5. Keeping in view the above, this Court is of the opinion that the respondents have a bounden duty as such to decide his representation within a fixed time frame. Accordingly, the present writ petition is disposed of and directions are issued to respondent No.1 to decide the representation dated 06.12.2020 (Annexure P-12) and the claim made therein within a period of two months from the receipt of certified copy of this order. In case, the petitioner is found eligible, the necessary benefits be disbursed to him within a period of two months, thereafter. In case, he is found not entitled for the claim made in the representation, reasoned order be passed and communicated to the petitioner forthwith.
Disposed of.
