LPA No.1913 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF ORDER: 25.11.2011 Satpal Singh ...Appellant VERSUS State of Haryana & others …Respondent CORAM HON'BLE MR.JUSTICE PERMOD KOHLI HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA PRESENT: Mr.R.P.Singh, Advocate for the appellant Mr.RKS Brar, Addl.A.G., Haryana Permod Kohli, J. (Oral) CM No.5595 of 2011 Notice of the CM. Mr.RKS Brar, Addl.A.G., Haryana accepts notice. Heard learned counsel for the parties. This is an application for condonation of delay in filing the appeal. For the reasons recorded in the application, the same is allowed. Delay in filing LPA is condoned. LPA No.1913 of 2011 We have heard learned counsel for the parties. Facts leading to the filing of this appeal are that the appellant was LPA No.1913 of 2011 (O&M) 2 appointed as Master in the Education Department on 24.3.1993. The appellant belongs to Backward Class- B Category. However, he was appointed in General Category and thus no benefit of reservation was given to him. In the year 1998, Haryana Education Department called the cases of the eligible Masters for promotion to the post of Lecturer in the prescribed performa. Appellant's case was forwarded by the Headmaster of the School vide letter dated 12.6.1998 and re-submitted after removing some defects. On 20.12.2001, promotions were made from the post of Masters to Lecturers. Persons junior to the appellant were promoted, but the appellant's claim was not considered. Appellant served a legal notice on 19.6.2006. Receiving no response, he filed CWP No.16768 of 2006. The said writ petition was disposed of with a direction to the respondents to decide the representation of the appellant. As a consequence of the aforesaid order, respondents, on consideration of the claim of the appellant rejected his representation vide order dated 15.12.2006 observing that the appellant is claiming benefit of promotion as Lecturer in Economics against Backward Class- B Category post. It is stated that Government of Haryana vide instructions dated 11.6.1998 has discontinued the practice of giving benefit of promotion to the Backward Class Category employees w.e.f. 16.11.1997. It was also mentioned that the appellant who claims promotion against BC Category post has acquired M.A. Economics qualification after 16.11.1997. So he is not entitled for promotion to the post against BC- B Category post. This order came to be challenged by the appellant in CWP No.6685 of 2009 which has been dismissed by learned Single Judge vide the impugned order dated 5.7.2011, subject matter of present appeal. LPA No.1913 of 2011 (O&M) 3 We have carefully perused the impugned order. Learned Single Judge has reiterated the grounds urged by the respondents in the impugned order. Since the appellant claimed that he had acquired M.A. Economics qualification on 30.10.1997, he was entitled to be considered for promotion under the State Government policy for grant of promotion to B.C.- B category prior to the withdrawal of the instructions w.e.f. 16.11.1997. It is recorded by the learned Single Judge that the appellant has been granted various opportunities to produce the certificate from the concerned University that he acquired qualification prior to 16.11.1997, but he has failed to do so. Accordingly, the writ petition filed by the appellant has been dismissed. Learned counsel for the appellant has taken us to the documents annexed with the writ petition, particularly Annexure P-6 which is a certificate issued by the Chaudhary Charan Singh University, Meerut on 18.9.2007. The Certificate reads as under:- “Chaudhary Charan Singh University, Meerut Letter Conf. MA/B Dated: 18.9.07 CERTIFICATE This is to certify that Satpal Singh s/o Sh. Harji Ram bearing Roll No.G-60920 En. No.8828473 has passed M.A. Economics final Private Exam in 1997 with Second Division. The date of declaration of this result was 30.10.1997 as per University record. Sd/- 18.9.07 Assistant Registrar (Conf.) For Registrar” On the basis of the aforesaid certificate, it is contended that the appellant had acquired the qualification w.e.f. 30.10.1997 when the result of B.A. Economics was declared. It is, however, stated that the mark-sheet for the said examination was issued later. Appellant has also produced Annexure A-1 before us which is mark-sheet for M.A. Part-II Economics. LPA No.1913 of 2011 (O&M) 4 This mark-sheet was issued on 30.11.1997. However, in view of the certificate (Annxure P-6), we find that the appellant had appeared in the examination in the year 1996 and successfully qualified the same on 30.10.1997, though the mark-sheet was issued on 30.11.1997. In view of the declaration of result on 30.10.1997, it can be conveniently said that the appellant has acquired the qualification on 30.10.1997. Issuance of mark- sheet is only incidental to the declaration of the result and the date of mark- sheet cannot be construed to be the date of acquiring the qualification. Date of declaration of result has to be considered as the date of acquiring qualification. It seems that Annexure P-6 has not been brought to the notice of the learned Single Judge. We also find that the appellant in his writ petition in paragraphs 11 and 13 specifically mentioned about acquiring qualification on 30.10.1997 and in reply to the averments made in these paragraphs of the writ petition, the respondents, without denying the date of acquiring qualification and declaration of result on 30.10.1997, simply mentioned that the declaration of the result cannot be construed for promotion without any documentary proof. This contention of the respondents is totally unsustainable. Declaration of result for which a certificate has been produced by the appellant which has not been disputed in the reply, was evidence before the learned Single Judge in support of the appellant's contention that he acquired the qualification on 30.10.1997. This fact does not seem to have been brought to the notice of the learned Single Judge. In view of the above circumstances, we are of the opinion that the appellant had acquired the qualification of M.A. Economics prior to the withdrawal of the instructions w.e.f. 16.11.1997 and thus, he was entitled to be considered for promotion as B.C.- B Category candidate to the LPA No.1913 of 2011 (O&M) 5 post of Lecturer in Economics. This appeal is accordingly allowed. Order dated 5.7.2011 passed in CWP No.6685 of 2009 by the learned Single Judge is hereby set aside. Respondents are directed to re-consider the claim of appellant for promotion from the post of Master to the post of Lecturer in Economics with effect from the year 2001 when his junior was promoted within a period of three months. If, on such consideration, the appellant is otherwise found suitable in accordance with rules, he shall be entitled for such promotion, however, without any arrears of salary, though he will be granted notional benefits of such promotion for the purpose of fixation of his salary, seniority etc. We may also observe that the respondents are at liberty to verify the genuineness of the certificate dated 18.9.2007 (Annexure P-6) from the concerned University. (PERMOD KOHLI) JUDGE (TEJINDER SINGH DHINDSA) JUDGE 25.11.2011 MFK CWP No.10585 of 2010 6