126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-1412-2022

Date of Decision: 09.02.2022

NARESH KUMAR GOEL

...Petitioner

Versus

STATE OF HARYANA AND OTHERS

&Respondents

CORAM: HON9BLE MR. JUSTICE ARUN MONGA

Present :

Mr. Nitin Jain, Advocate

for the petitioner.

Ms.Kirti Singh, D.A.G., Haryana.

(Presence marked through video conference)

ARUN MONGA, J. (ORAL)

Petition herein, under Articles 226/227 of Constitution of India

is for issuance of a writ in the nature of certiorari for setting aside the

impugned order dated 03.01.2022 (Annexure P-9) passed by the respondents

promoting the candidates junior to the petitioner to the post of

Superintendent Jails (Group-A).

2.

Learned counsel for the petitioner submits that the petitioner

joined his service in Department of Prisons, Haryana on 12.09.2003.

Thereafter, vide order dated 22.02.2010, he was promoted to the post of

Deputy Superintendent Jails, Department of Prisons, Haryana but his claim

for promotion to the post of Superintendent Jails has been ignored and

instead, his junior i.e. respondent No.5 has been promoted on the ground that

certain enquiries were pending against the petitioner.

3.

Heard.

VANDANA

2022.02.12 14:47

I attest to the accuracy and

authenticity of this document

4.

Concededly, certain departmental proceedings are pending

against the petitioner, which inter alia seems to be the reason for not

promoting him to the post of Superintendent Jails, while private respondent

No.5, who is junior to him, has been promoted.

5.

Given the nature of order being passed, there is no necessity to

seek return from any of the respondents as no further proceedings and/or

pleadings are required.

6.

No doubt, when a junior gets promoted, it creates certain heart

burn amongst the seniors unless there are valid reasons for not promoting the

senior before according the similar benefit to the junior. This Court would

refrain to interfere in such justifiable situation. Promotion by a government

officer/official cannot be claimed as a matter of right. It is to be granted

based on the performance parameters determined by the State.

7.

In the premise, since the departmental proceedings are still

pending, as more particularly mentioned in para No.4 of the petition, the writ

petition is disposed of with the expectation that the respondents shall finally

adjudicate the same as expeditiously as possible but not later than one year

from now since the same have already been pending for almost five years.

8.

Disposed of accordingly.

February 09, 2022

(ARUN MONGA)

gurpreet

JUDGE

Whether speaking/reasoned:

Yes/No

Whether reportable:

Yes/No

VANDANA

2022.02.12 14:47

I attest to the accuracy and

authenticity of this document