CWP No.3940 of 2010 2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 8.3.2010 Ashwani Kumar and others ...Petitioners VERSUS State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Ramesh Goyat, Advocate for the petitioners Mr.RS Kundu, Addl.A.G., Haryana Permod Kohli, J. (Oral) Notice of motion. Mr.Kundu, Addl.A.G., Haryana who is present in Court has been asked to accept notice on behalf of the respondents. Keeping in view the prayer made and with the consent of the counsel, this petition is disposed of at motion stage. The petitioner was appointed as Clerk in the year 1991 on the recommendation of the Subordinate Staff Selection Board, Haryana, Chandigarh. The seniority list of the Clerks was prepared by respondent no.2 as on 29.2.2000. The petitioners were placed at Sr.Nos.79, 83, 92, 105 and 133, respectively. One Dharambir who was junior to the petitioners CWP No.3940 of 2010 3 being at Sr.No.173 was promoted to the post of Assistant vide order dated 13.9.1995. Another employee Tilak Raj being at Sr.No.104 filed CWP No.18333 of 2002 seeking promotion from the date the juniors were promoted. The writ petition was allowed vide order dated 16.8.2005 (Annexure P-2). The SLP filed against the aforesaid order also resulted into dismissal vide order dated 23.7.2008 passed by the Hon'ble Supreme Court. The petitioner served legal notice dated 26.12.2009 (Annexure P-9) followed by a reminder, but no decision has been taken thereon till date. One of the prayers made in this writ petition is for a direction to the respondents to take decision on the legal notice. In view of the above, this petition is disposed of with a direction to respondent no.2 to take a decision on the legal notice (Annexure P-9) within a period of three months from the date a certified copy of this order is furnished to the competent authority. Needless to say, in the event the claim of the petitioner is to be rejected, it shall be by a reasoned and speaking order. (PERMOD KOHLI) JUDGE 08.3.2010 MFK