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Judgment
HARPREET SINGH BRAR, J. (Oral)
The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ or order in the nature of mandamus directing the respondent to consider the pending representation dated 15.04.2024 (Annexure P-3) for counting the suspension period w.e.f. 27.04.2015 to 30.04.2015 as duty period and for grant of continuity and ACP along with all consequential benefits in reference to the order dated 22.04.2025 (Annexure P-4) and 04.06.2026 (Annexure P-5)
within a period of two months.
Learned counsel for the petitioner submits that the petitioner is mainly aggrieved by non-regularization of the period of his suspension as duty period and non-release of the stagnated ACP benefits despite completion of 13 years of service. Learned counsel for the petitioner further submits that, upon his clean acquittal, withholding of regularization of the suspension period and consequential ACP benefits is arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution of India. The petitioner had also submitted a representation dated 15.04.2024 (Annexure P-3), which is still pending. It is further submitted that the Administrative Department is seeking a status report, but the matter has remained pending indefinitely.
At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied if the present writ petition is disposed of with a direction to respondent No.2/competent authority to consider and decide the representation dated 15.04.2024 (Annexure P-3) by passing a reasoned and speaking order, strictly in accordance with law, within a time-bound period.
On advance notice, learned State counsel accepts notice on behalf of the respondents and submits that he has no objection to issuance of an appropriate direction to respondent No.2/competent authority to consider and decide the representation dated 15.04.2024 (Annexure P-3), by passing a reasoned and speaking order, strictly in accordance with law, within the stipulated period.
In view of the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the claim, the present writ petition is disposed of with a direction to respondent No.2/competent authority to consider and decide the representation dated 15.04.2024 (Annexure P-3), by passing a reasoned and speaking order, strictly in accordance with law, within a period of two weeks from the date of receipt of a certified copy of this order. The decision so taken shall be communicated to the petitioner forthwith.
It is needless to observe that, in the event the petitioner is found entitled to the relief claimed, the same shall be extended expeditiously, strictly in accordance with law.
Pending miscellaneous application(s), if any, shall also stand disposed of.