IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 8802 of 1987 Date of Decision:January 28, 2010. Pritam Singh Bassi and others .......Petitioners. V State of Punjab .........Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Amit Chopra,Advocate for the petitioners. Mr. KS Sidhu,DAG Punjab for the respondent-State. Jaswant Singh,J.(Oral) Petitioners (seventy one in number), who are working as Headmasters in Government schools in Punjab and governed by the Punjab State Education Class-III (School Cadre) Service Rules,1978 (for short 1978 Rules), are claiming their inclusion in Class II service by treating them as members of the service governed by P.E.S. Class II (Schools & Inspection Cadre) Rules,1976 ( for short 1976 Rules), for the purpose of further promotion to the posts in Class I service of the Punjab Education Department on the basis of notification dated 8.4.1987 (Annexure P1) whereby the posts of Headmasters/Headmistresses of the Government schools in the State of Punjab have been declared as Class II. A perusal of the notification dated 8.4.1987 (Annexure P1) CWP No. 8802 of 1987 2 reveals that only the posts of Headmasters/Headmistresses of the school cadre were notified as Class II, however, it was clarified that their posts shall have a separate entity from the posts covered under the 1976 Rules, meaning thereby that the posts of Headmasters/Headmistresses were not to be treated as members of the service covered under the Class II- 1976 Rules. It also cannot be disputed that the 1978 Rules also govern the posts of Lecturers (Men and Women) apart from the posts of Headmasters and Headmistresses. It is an admitted case of the parties that for promotion to the higher posts in P.E.S. (School and Inspection) Class I service, the feeder posts are Principals and other officers governed by 1976 Rules. It is further borne out from the record that there is no challenge made to Annexure P1 which restricted the scope of application. It is further given out by the learned counsel that the 1978 Rules governing the posts of Headmasters/Headmistresses were subsequently amended in the year 1995 wherein they continue to be shown as belonging to Class III service. It is further admitted by the parties that till today they continue to be a Class III service. In the written statement it is stand of the respondents that by issue of impugned notification the Headmasters/ Headmistresses were conferred an honorary status only and they cannot be treated as members of PES Class II (School and Inspection) Service as their posts are not covered under the said 1976 Rules. In view of the fact that the petitioners continue to be governed by Class III Recruitment Rules, they cannot legitimately CWP No. 8802 of 1987 3 claim to be treated as member of a different service governed by different Rules i.e. 1976 Rules for promotion to the posts governed by Class I Rules simply on the basis of conferment of honorary status of Class II. For the reasons stated above,finding no merit in this writ petition the same is hereby dismissed. No costs. (JASWANT SINGH) JUDGE January 28,2010. joshi