Civil Writ Petition No.6025 of 2002 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.6025 of 2002 Date of decision: August 31, 2010. Ravi Gopal ...Petitioner(s) v. State of Haryana & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Ravi Verma, Advocate, for the petitioner(s). Shri Himanshu Raj, Assistant Advocate General, Haryana, for respondents No.1 & 2. None for respondent No.3. Kanwaljit Singh Ahluwalia , J. (Oral): Petitioner sought quashing of the order dated 1.10.1999 (Annexure P-1), whereby junior to the petitioner was promoted as Social Studies Master (S.S. Master), together with order dated 10.1.2002 (Annexure P-4), whereby claim of the petitioner, that he be promoted from the date when his junior was promoted, has been rejected. Petitioner was appointed as JBT Teacher in Government Middle School, Kalsora (Karnal) on 27.2.1988. Subsequently, the services of the petitioner were regularized as JBT teacher with effect from 1.1.1991. The next promotion for JBT/C&V teacher is S.S. Master. For promotion to this post, it is imperative that the incumbent should possess educational Civil Writ Petition No.6025 of 2002 -: 2 :- qualification of BA, B.Ed. The petitioner obtained degree in B.Ed from Maharishi Dayananda University, Rohtak in March, 1997. He obtained this degree after permission was granted by the authorities. Petitioner had sent his promotion case to the office of the Director, Secondary Education, Haryana in the month of May, 1997. There is, however, no dispute that the respondents had promoted respondent No.3, Mohd. Iqbal, who was junior to the petitioner, as S.S. Master. Aggrieved against the same, the petitioner filed CWP No.13879 of 2001 in this Court, wherein he pleaded that he be promoted as S.S. Master from 17.12.1997, the date on which respondent No.3, Mohd. Iqbal, his junior, was so promoted. The above said writ petition was disposed of on 7.9.2001 by this Court, directing the respondents to pass a speaking order. Annexure P-4 is the speaking order, wherein claim of the petitioner has been rejected. It is stated therein that at the relevant time, Punjab Educational Service Class-III (School Cadre) Rules, 1955 were applicable and according to those rules, any JBT/C&V teacher, who had acquired qualification of B.Ed. prior to the senior, was to be promoted first. It is an admitted case of the parties that interpretation of the Rules contained in instruction was quashed by a Single Judge of this Court in CWP No.1068 of 1987, titled as 'Hawa Singh Vs. State of Haryana', decided on 10.12.1993 (Annexure P-5). In the written statement filed to the writ petition, the respondents have taken an altogether different stand. According to them, the petitioner was not promoted because he did not send his case for promotion and the authorities were not informed that the petitioner had acquired qualification of B.Ed. Civil Writ Petition No.6025 of 2002 -: 3 :- The stand of the State Government is liable to be rejected, at the outset, for the following reasons:- (a) that the petitioner had acquired qualification of B.Ed. with prior permission from the Department; (b) in the speaking order Annexure P-4, passed in pursuance of the directions given by this Court, it was nowhere mentioned that the case of the petitioner was not considered because he had not informed the authorities regarding his having passed B.Ed., examination; rather it states that respondent No.3 was considered first because he acquired B.Ed. qualification prior in time; (c ) furthermore, a similar stand was taken in Ram Pal v. State of Haryana & Ors., 2003(3) RSJ 279 and the same was not accepted by this Court; holding when any person is to be promoted, it is for the respondents to invite applications from their employees who had become eligible; the respondents at their whims or fancies, below carpet, could not promote a junior to the petitioner. Thus, this Court is of the view that the present writ petition ought to be allowed and the petitioner deserves promotion as S.S. Master with effect from 17.12.1997, the date when his junior was promoted. Counsel for the petitioner has very fairly stated that since he had not worked on the promotional post from 17.12.1997 to 19.4.2002, when he was promoted as S.S. Master, he will not claim arrears of pay but he shall restrict his prayer that pay scale and salary be re-determined after granting him notional promotion with effect from 17.12.1997 and he be held entitled to Civil Writ Petition No.6025 of 2002 -: 4 :- consequential seniority. Having allowed the writ petition, it is directed that the petitioner be promoted with effect from 17.12.1997 and the salary/pay scale of the petitioner be re-fixed while granting notional promotion from the said date. However, petitioner shall not be entitled to arrears of pay from 17.12.1997 to 19.4.2002. The petitioner shall also be entitled to seniority over and above respondent No.3, along with arrears of pay from 19.4.2002 upon re-fixation of pay scale and salary, etc. The needful shall be done within a period of four months from the date of receipt of a certified copy of this order. However, there will be no order as to costs. [Kanwaljit Singh Ahluwalia] August 31, 2010. Judge kadyan