CWP No.17813/2006. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.17813/2006. Date of Decision: May 23,2008 Darshan Lal ............. Petitioner through Mr. HN Khanduja,Advocate. Versus State of Haryana ..............Respondents through Mr.Mahabir Sindhu,DAG Haryana. CORAM:HON'BLE MR. JUSTICE JASBIR SINGH. HON'BLE MR.JUSTICE JASWANT SINGH 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? . ***** Jaswant Singh, J. Petitioner, who is working as a Headmaster in Education Department, Haryana has filed this writ petition with a prayer to issue a writ in the nature of mandamus directing the respondents to promote him as Principal of a Government Senior Secondary School with consequential benefits from the date his juniors and similarly situated persons have been promoted as Principals and further to issue a writ in the nature of certiorari for quashing the letter dated 9.10.2006 (Annexure P-16), rejecting the said claim of the petitioner. CWP No.17813/2006. 2 The facts giving rise to the present writ petition are that the petitioner was initially selected and appointed as Math Master w.e.f. 4.1.1973. Thereafter, he was promoted as Lecturer in Economics in the pay scale of Rs.1640-2900 on officiating basis against 70% subject-wise ex- cadre posts posts available under the promotion quota of masters, vide order dated 11.12.1989 (Annexure P-1). He joined as such on 23.12.1989. Vide order dated 9.10.2002 (Annexure P-2) the petitioner was retrospectively granted selection grade of Rs.7500-1200 w.e.f. 1.8.2000. As per averments made in the petition, vide order dated 10.8.2002 (Annexure P-3), without obtaining his consent, petitioner was posted as Incharge of Govt. High School Goli (Karnal) in the pay scale of Rs.7,500- 12,000 against vacancy subject to the final approval/recommendation of the departmental promotion committee. Before the petitioner could join as Incharge, Govt. High School, Gohli (Karnal), vide order dated 23.1.2003 (Annexure P-5) he was adjusted as Incharge, Headmaster at Govt. High School Baldi and petitioner joined as such on 24.1.2003 (Annexure P-6). Apprehending that his pay as Lecturer in the selection grade of Rs.7,500- 12,000 w.e.f 1.8.2000 will not be protected and shall be refixed by treating service rendered as Lecturer against the post of master, petitioner moved a representation dated 7.10.2003 (Anenxure P-7) seeking clarification whether his pay as Head Master shall be fixed in the regular grade of Rs.7500-12000 or his pay shall be fixed keeping in view the salary being drawn by him as Lecturer. It was further stated by the petitioner in the said representation that in case he was given regular grade of Headmaster and his pay was to be fixed by treating as promotion from the post as master then to CWP No.17813/2006. 3 avoid financial loss due to pay anomaly of the posts, he be sent back as Lecturer instead of promotion as Incharge Headmaster. Thus, the petitioner was only seeking his pay protection as Headmaster in the pay scale of Rs.7,500-12,000, the grade which he was already drawing w.e.f 1.8.2000. Thereafter, the petitioner, as is clear, was promoted on regular basis as Headmaster (instead of promotion as Incharge Headmaster earlier) in Govt High School, in H.E.S Class-II Cadre in the pay scale of Rs.7,500- 12,000/- w.e.f 1.8.2000 vide order dated 23.10.2003 (Annexure P.8). Record further reveals that vide his representation dated 29.12.2005( Annexure P-9) petitioner moved the higher authorities for his promotion as Principal after adjusting him as Lecturer from the post of Headmaster. It is further alleged by the petitioner that vide order dated 19.1.2006 (Annexure P-10) respondents 1 & 2 promoted Lecturers junior to him as Principals of Senior Secondary Schools. Against the said promotions, as averred in the petition, petitioner made various representations but of no avail. Ultimately, he filed CWP No.9682/2006 before this Court. That writ petition was disposed of by a Division Bench of this Court on 4.7.2006 by directing respondents to consider and decide the representation dated 11.5.2006/12.5.2006(Annexure P-13) of the petitioner within a period of four months by passing a speaking order. In compliance of the directions issued by this Court, respondents passed impugned order dated 9.10.2006 (Annexure P-16) rejecting the claim of the petitioner for promotion as Principal on the basis of his seniority of Lecturer. Aggrieved by the same the petitioner has now filed the instant writ petition. Neither any alleged juniors as Lecturer has been impleaded as CWP No.17813/2006. 4 party nor any prayer has been made to quash the promotion of junior persons. On 28.2.2008, at the time of arguments, it was submitted by the learned counsel for the parties that the controversy involved in this writ petition has already been raised in identical matters including CWP No. 15362/2006 in which arguments have already been heard and judgment reserved and that nothing more is required to be submitted in this writ petition. In view of the statements made by learned counsel for the parties and after perusing the record, we find that the issues raised in the present writ petition are identical to the one involved in CWP No.15362 of 2006 Inder Singh v. State of Haryana and others. Hence, we dismiss the instant writ petition in the terms and for the reasons recorded in the order of even date passed in CWP No.15362/2006. (JASWANT SINGH) JUDGE May 23,2008 (JASBIR SINGH) joshi JUDGE