Balmukand Vs. State of Haryana and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126181
CourtPunjab and Haryana High Court
Decided OnFeb-12-2014
AppellantBalmukand
RespondentState of Haryana and Another
Excerpt:
civil writ petition no.83 of 2001 {1} in the high court of punjab and haryana at chandigarh civil misc.nos.1768-69 of 2014 & civil writ petition no.83 of 2001 date of decision: february 12, 2014 balmukand ...petitioner versus state of haryana & another ...respondents coram: hon'ble mr.justice augustine george masih present: mr.madan pal, advocate, for the petitioner. ***** augustine george masih, j.(oral) civil misc.nos.1768-69 of 2014 notice of the applications to the advocate general, haryana. on the asking of court, mr.sunil nehra, sr.dag, haryana, accepts notice on behalf of the state. exemption granted from filing certified copy of annexure p-12 and the same is also taken on record. applications stand disposed of. cwp no.83 of 2001 on a joint request made by counsel for the parties, the main writ petition is taken on board for disposal. counsel for the petitioner contends that earlier the claim of the petitioner has been rejected on the ground that his annual confidential reports were not satisfactory and did not fulfill the benchmark as was kumar ramesh 2014.02.13 10:27 i attest to the accuracy and integrity of this document high court chandigarh civil writ petition no.83 of 2001 {2} specified under the rules/instructions. counsel states that against the annual confidential reports for the years 1980-81, 1981-82 and 1982-83, petitioner had submitted a representation to the director, agriculture, haryana-respondent no.2. the said representation of the petitioner has been accepted vide order dated 20.09.2010 (annexure p-12).in the light of the advers.remarks having been removed and his over all assessment upgraded to `good', the petitioner would fulfill the benchmark as was mandated under the statutory rules/instructions, which would entitle him for the claim as has been made in the present writ petition. he, therefore, contends that the petitioner, at this stage, would be satisfied if a direction is issued to the director, department of agriculture, haryana-respondent no.2 to reconsider the case of the petitioner in the light of the order dated 20.09.2010 (annexure p-12) within some specified time and pass orders accordingly. in this regard, the counsel contends that the petitioner shall make a detailed representation to the director, department of agriculture, haryana-respondent no.2 within a period of four weeks, which may be directed to be considered and decided within some specified time. in view of the statement made by the counsel for the petitioner, the present writ petition is disposed of with liberty to the petitioner to file a representation to the director, department of agriculture, haryana- respondent no.2 within a period of four weeks from today. if such a representation is filed within the stipulated period, the same shall be considered and decided by respondent no.2 within a period of eight weeks from the date of receipt of certified copy of this order. kumar ramesh 2014.02.13 10:27 i attest to the accuracy and integrity of this document high court chandigarh civil writ petition no.83 of 2001 {3} in case the claim of the petitioner is accepted and there is no impediment, the consequential benefits in accordance with law be released to the petitioner within a further period of six weeks. in case the claim of the petitioner is not to be accepted, then a well reasoned and speaking order be passed and conveyed to the petitioner forthwith. february 12, 2014 ( augustine george masih ) ramesh judge kumar ramesh 2014.02.13 10:27 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

Civil Writ Petition No.83 of 2001 {1} IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Misc.Nos.1768-69 of 2014 & Civil Writ Petition No.83 of 2001 Date of Decision: February 12, 2014 Balmukand ...Petitioner Versus State of Haryana & another ...Respondents CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH Present: Mr.Madan Pal, Advocate, for the petitioner.

***** AUGUSTINE GEORGE MASIH, J.(ORAL) Civil Misc.Nos.1768-69 of 2014 Notice of the applications to the Advocate General, Haryana.

On the asking of Court, Mr.Sunil Nehra, Sr.DAG, Haryana, accepts notice on behalf of the State.

Exemption granted from filing certified copy of Annexure P-12 and the same is also taken on record.

Applications stand disposed of.

CWP No.83 of 2001 On a joint request made by counsel for the parties, the main writ petition is taken on board for disposal.

Counsel for the petitioner contends that earlier the claim of the petitioner has been rejected on the ground that his Annual Confidential Reports were not satisfactory and did not fulfill the benchmark as was Kumar Ramesh 2014.02.13 10:27 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.83 of 2001 {2} specified under the rules/instructions.

Counsel states that against the Annual Confidential Reports for the years 1980-81, 1981-82 and 1982-83, petitioner had submitted a representation to the Director, Agriculture, Haryana-respondent No.2.

The said representation of the petitioner has been accepted vide order dated 20.09.2010 (Annexure P-12).In the light of the adveRs.remarks having been removed and his over all assessment upgraded to `good', the petitioner would fulfill the benchmark as was mandated under the statutory rules/instructions, which would entitle him for the claim as has been made in the present writ petition.

He, therefore, contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Director, Department of Agriculture, Haryana-respondent No.2 to reconsider the case of the petitioner in the light of the order dated 20.09.2010 (Annexure P-12) within some specified time and pass orders accordingly.

In this regard, the counsel contends that the petitioner shall make a detailed representation to the Director, Department of Agriculture, Haryana-respondent No.2 within a period of four weeks, which may be directed to be considered and decided within some specified time.

In view of the statement made by the counsel for the petitioner, the present writ petition is disposed of with liberty to the petitioner to file a representation to the Director, Department of Agriculture, Haryana- respondent No.2 within a period of four weeks from today.

If such a representation is filed within the stipulated period, the same shall be considered and decided by respondent No.2 within a period of eight weeks from the date of receipt of certified copy of this order.

Kumar Ramesh 2014.02.13 10:27 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.83 of 2001 {3} In case the claim of the petitioner is accepted and there is no impediment, the consequential benefits in accordance with law be released to the petitioner within a further period of six weeks.

In case the claim of the petitioner is not to be accepted, then a well reasoned and speaking order be passed and conveyed to the petitioner forthwith.

February 12, 2014 ( AUGUSTINE GEORGE MASIH ) ramesh JUDGE Kumar Ramesh 2014.02.13 10:27 I attest to the accuracy and integrity of this document High Court Chandigarh