CWP No.8949 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.8949 of 2010 Date of Decision: May 17, 2010 Jagdish Kumar ...Petitioner Versus State of Haryana and ors. ..Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI. Present: Mr. Sandeep K. Sharma, for the petitioner ***** PERMOD KOHLI, J.(ORAL) Notice of motion. Mr. R.S. Kundu, Addl. Advocate General, Haryana, who is present in the court has been asked to accept notice on behalf of respondents. With the consent of the learned counsel for the parties and in view of the prayer made in the petition, this petition is being disposed at the motion stage. The petitioner was engaged as clerk on temporary basis on 20.03.1979 and his services were regularized with effect from 16.09.1982. In the year 2003 vide memo dated 02.01.2003 the cases of eligible clerks for promotion to the post of Assistant were requisitioned. The case of the petitioner was also forwarded for consideration for promotion to the post of Assistant. It is stated that a large number of clerks were appointed later on. It is stated that the CWP No.8949 of 2010 -2- clerks upto 1984 have been promoted to the post of Assistant, ignoring the claim of the petitioner. Besides making a large number of representations (Annexure P/3 to P/6) petitioner also served a legal notice (Annexure P/7). On consideration of the legal notice, the Director, Secondary Education, Haryana vide his letter dated 01.01.2008(Annexure P/8) asked the District Education Officer, to send the case of the petitioner for promotion to his office so that action can be taken thereon. The grievance of the petitioner is that despite such direction the case of the petitioner has not been properly considered for promotion to the post of Assistant and his juniors already stands promoted. Learned counsel for the petitioner submits that petitioner would be satisfied if respondent No.2 is directed to decide the case of the petitioner in the light of the letter(Annexure P/8). In view of the above, this petition is disposed of with the direction to respondent No.2 to decide the representation/legal notice (Annexure P/7) served by the petitioner in the light of (Annexure P/8) within a period of 3 months from the date of service of certified copy of this order upon the respondents. Needless to say that in the event, the claim of petitioner is to be rejected, it shall be by a reasoned and speaking order. May 17, 2010 (PERMOD KOHLI) vcgarg JUDGE