CWP No.163 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.163 of 2008 Date of Decision: 4.3.2008. Murari Lal Arya ............. Petitioner Versus State of Haryana and others. ..............Respondents. CORAM: HON'BLE MR.JUSTICE JASBIR SINGH. HON'BLE MR.JUSTICE JASWANT SINGH. Present:- Mr. R.K.Verma,Advocate for the petitioner. ***** JASWANT SINGH, J. Petitioner has filed the instant writ petition seeking quashing of the order dated 15.12.2005 (Annexure P-12) vide which his legal notice dated 11.11.2003 seeking certain reliefs has been decided in compliance of the order dated 31.8.2004 passed by this Court in CWP bearing No.13403 of 2004, titled as Murari Lal Arya v. State of Haryana. He has further, in the present writ petition, sought a writ in the nature of mandamus directing the respondent nos. 1 and 2 to re-fix his seniority, firstly in the cadre of Master w.e.f. 17.8.1974 (i.e. the date of his passing B. Ed. Examination), secondly in the cadre of Head Master and thereafter consider the petitioner for further promotion to the post of Principal/D.E.O. Facts, as culled out (with great difficulty) from the present writ petition with vague pleadings, are that the petitioner, who belongs to Scheduled Caste category and is presently working as Head Master, was appointed as a JBT Teacher in the Education Department, Government of Haryana in the year 1965. During his service he acquired B.A. CWP No.163 of 2008 -2- Qualification and thereafter passed his B. Ed. Examination on 17.8.1974. He was awarded JST Grade/ Master's Grade w.e.f. 17.8.1974 i.e. the date of his acquiring higher qualification in view of Government instructions dated 23.7.1957, providing for grant of JST Grade/Master Grade (as an incentive) to the teachers acquiring higher qualifications vide order dated 17.11.1988 (Annexure P2) passed in compliance of the decisions dated 12.5.1988 and 24.2.1988 of this Court and of Hon'ble the Supreme Court respectively. Present petitioner, Murari Lal Arya, was one of the petitioners in CWP No. 128/1988, though not stated in the writ petition but is evident from a reading of Annexure P-2. The petitioner, it seems, was promoted to the next higher post of Head Master w.e.f. 6.12.1988. The date of such promotion has not been mentioned in the writ petition nor any promotion order has been placed on record. Seniority of the petitioner as Master was fixed w.e.f. 1982 vide order dated 25.11.1991 (Annexure P3) issued by the office of Director Secondary Education,Haryana. The petitioner, it appears, made a representation dated 1.9.1989 (Annexure P4) seeking rectification of his seniority and the Government vide orders dated 24.7.2003, (Annexure P-7 with enclosures) while re- fixing the seniority of the Principals belonging to Scheduled Castes in the Cadre of Head Masters, re-fixed seniority of the petitioner as Head Master w.e.f. 17.9.1983 in place of 6.12.1988. The petitioner all this while seems to have been representing for his promotion in the rank of Master w.e.f. 17.8.1974, i.e. the date of his acquiring higher qualification of B. Ed., while working as JBT Teacher and all further consequential promotions. The petitioner finally sent a legal notice dated 11.11.2003 to the official CWP No.163 of 2008 -3- respondents seeking redressal of his abovesaid grievance as also promotion to the post of Principal w.e.f., the date his juniors were promoted. On no action being taken on his legal notice dated 11.11.2003, the petitioner filed CWP No. 13403 of 2004 which was disposed of by a Division Bench of this Court vide order dated 31.8.2004, with a direction to decide his said legal notice dated 11.11.2003. It is under these circumstances that the impugned order dated 15.12.2005 (Annexure P-12) came to be passed by the respondent. We have heard learned counsel for the petitioner and perused the record. Learned counsel for the petitioner argued that in view of Government instructions dated 23.7.1957, the petitioner was entitled to be promoted as Master w.e.f. 17.8.1974, the date when he acquired higher qualification of B.A. B.Ed. For the reasons best known to the petitioner, the said instructions on the basis of which the petitioner is claiming his promotion as Master w.e.f. 17.8.1974, has not been placed on record. The petitioner, as referred hereinabove, had filed CWP No.128 of 1988 for claiming the relief under the said instructions and whatever admissible was granted to him vide order dated 17.11.1988 (Annexure P2). The said instructions only provide for grant of next higher grade of Masters to JBT Teachers as an incentive on their acquiring higher qualification. Therefore, the claim of the petitioner for promotion and consequent seniority w.e.f. 17.8.1974, is wholly erroneous and thus the contention is rejected. Further, his seniority as Master was fixed w.e.f. 1.9.1982 instead of 17.8.1974 vide order dated 25.11.1991 (Annexure P3). CWP No.163 of 2008 -4- The said order was never challenged by him nor its setting aside prayed herein. Still further, perusal of the pleadings discloses that no explanation much less satisfactory explanation has been provided by the petitioner for the inordinate delay in claiming his reliefs. By filing repeated representation or getting his legal notice decided in compliance of Court orders would not have the effect of bypassing the principle set out in the Limitation Act. Thus, the claim of the petitioner is highly belated and suffers from delay and laches. Learned counsel for the petitioner further argued that the impugned order dated 15.12.2005(P-12), decision on legal notice in compliance of Court orders, be quashed as the same has been passed without application of mind and is thus arbitrary. A perusal of the impugned order dated 15.12.2005 (Annexure P-12) shows that while rejecting the claim of the petitioner, for re-fixing his seniority and granting him promotion as Master w.e.f. 17.8.1974 (i.e. the date of his passing B. Ed. Examination); and then in the cadre of Head Master and thereafter consider the petitioner for further promotion to the post of Principal/D.E.O., it has been categorically mentioned that “no junior Head Master than Sh. M.L.(Arya) belonging to SC category has been promoted to the post of Principal”. The petitioner, in the instant writ petition, has laid down no basis to support his argument that the impugned order is arbitrary. He has not produced any seniority list or shown violation of any statutory rule/ instruction etc. We are satisfied that the impugned order has been passed with due application of mind and in the facts of the CWP No.163 of 2008 -5- case we are not inclined to interfere with the order in exercise of writ jurisdiction under Article 226 of the Constitution. No other argument has been raised by the learned counsel for the petitioner. In view of the above, we find no merit in this writ petition and the same is hereby dismissed in limine. (Jaswant Singh) Judge March 4,2008 (Jasbir Singh) joshi Judge