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Judgment
Harpreet Singh Brar, J.
With the consent of all the parties, the aforementioned writ petitions are taken up together and are being decided by this common judgment. However, for the sake of brevity, the facts are being taken from CWP-11648-2025.
The present writ petition has been filed under Article 226/227 of the Constitution of India seeking issuance of a writ in the nature of Certiorari, for quashing the impugned order dated 17.02.2025 (Annexure P-10), whereby the benefit of reservation in promotion granted to the petitioner vide order dated 07.07.2023 (Annexure P-7) has been withdrawn, and for issuance of a writ in the nature of Mandamus directing the respondents to restore the order dated 07.07.2023 and grant all consequential benefits, including refixation of the petitioner’s pay in accordance with the recommendations dated 02.11.2023 of the Principal, Government College for Women, Hisar, along with interest @ 24% per annum from the date of eligibility till final realization.
On 29.04.2025, following order was passed:-
“It is inter alia contended that vide office order dated 07.07.2023, Annexure P-7, the petitioner who belongs to Orthopedically Handicapped category (OH category), was granted promotion as Junior Librarian from the deemed date 31.01.1996, and as Senior Librarian from the deemed date 13.08.2010 as per roster point. The respondents have now issued the impugned office order, dated 17.02.2025, which modifies the earlier office order, granting the deemed date of promotion as Junior Librarian to the petitioner with effect from 17.02.2002 as per roster point. Further, promotion as Senior Librarian has been withdrawn on the plea that post for OH category will be available only after 2021 whereas the petitioner has already been promoted as Senior Librarian on 25.10.2019. The order has been passed without affording any opportunity of hearing to the petitioner. It is violative of the Principles of Natural Justice, as also Government instructions dated 25.03.2022, Annexure P-2. Notice of motion. Ms. Tanushree Gupta, DAG, Haryana accepts notice on behalf of respondents/State and seeks time to file reply. Adjourned to 04.07.2025.”
Learned State counsel is not in a position to controvert the fact that the petitioner’s promotion as Senior Librarian has been withdrawn vide the impugned order dated 17.02.2025 (Annexure P-10) and submits that, in case this Court deems it appropriate, a fresh show-cause notice may be issued to the petitioner and, after affording an opportunity of hearing, an appropriate speaking order may be passed.
In view of the stand taken by the parties, and without commenting further on the merits of the case at this stage, the impugned order dated 17.02.2025 (Annexure P-10) in CWP-11648-2025 and the impugned order dated 17.02.2025 (Annexure P-9) in CWP-12720-2025 are hereby quashed. Respondent No.4/competent authority is directed to issue a fresh show-cause notice to the petitioner and, after affording an opportunity of hearing to the petitioner, pass a fresh order in accordance with law.
Further, the respondents are directed to consider the written arguments, supported by any relevant case law, if submitted by petitioner while passing the fresh order.
Both the writ petitions are disposed of accordingly.
Pending miscellaneous application(s), if any, shall also stand disposed of.
Photocopy of this order be placed on the files of connected case(s).