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Judgment
The petitioner seeks a writ in the nature of mandamus under
Article 226 of the Constitution of India for condoning the gap period of 87
days i.e. 06.04.2016 to 01.07.2016 and disburse all connected benefits of
service on account of the fact that there is no fault on his behalf. The
direction is also sought for consideration of the request which has been
raised in the legal notice dated 01.08.2017 (Annexure P-10).
It is the case of the petitioner that while serving as Lecturer of
Sociology, he had been transferred on 01.04.2016 from GHS Likhi, District
Palwal to GSSS Banchari, District Palwal. While reporting on 06.04.2016
(Annexure P-3) at the place of posting, on account of only one sanctioned
post and one guest lecturer, namely, Mamta Bhatt working he could not
join. Directions were issued only on 01.07.2016 (Annexure P-7) to the
Principal of School at Banchari for allowing him to join duty and for
adjustment of the said lecturer. Resultantly, he joined duty only on
02.07.2016 and thus the prayer for condoning the period of 87 days has
been made.
Notice of motion.
Ms. Shruti Jain Goyal, AAG, Haryana accepts notice on
behalf of the respondents. Copies of the paper-book have been supplied.
Keeping in view the above, no useful purpose will be served
by calling upon the respondents to file reply, since the decision making
process is not complete.
Accordingly, without commenting upon the merits of the
case or the entitlement of the petitioner, the present writ petition is
disposed of with the direction to respondent No.2 to decide the legal
notice dated 01.08.2017 (Annexure P-10) within a period of 3 months
from the receipt of the certified copy of this order.
Needless to say that, in case, any adverse order is to be
passed, the same be conveyed to the petitioner by passing a speaking
order.