IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP.NO.14174 of 2007 DATE OF ORDER: 7.2.2008 Vinay Kumar ....Petitioner(s) Versus State of Haryana and Others .....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Umesh Narang, Advocate. Mr. M.S. Sindhu, DAG, Haryana. JASBIR SINGH,J (ORAL) By filing this writ petition, petitioner has laid challenge to order dated 16.2.2007 (Annexure P.6), vide which his claim for promotion, from the post of JBT Teacher to the post of Hindi Teacher, was rejected. Before this Court, it is contention of counsel for the petitioner that the petitioner deserves to be promoted against the above said post from the date when his juniors i.e respondents No.5 & 6 were promoted. Admittedly, respondents No.5 & 6 were promoted to the post of Hindi Teacher on 18.5.2005 vide order Annexure R-II. When notice of motion was issued, following contentions of counsel for the petitioner was noticed by this Court on 11.9.2007: “Learned counsel contends that the petitioner is entitled to be promoted as Language Teacher from the date persons junior to him have been promoted. Learned counsel submits that respondents No.5 & 6 are junior to the petitioner and they have been promoted as Language Teachers whereas, the petitioner has been ignored.” In response to the notice issued, reply has been filed. Para No.2 of the reply reads thus: “It is further submitted that the petitioner sent a legal notice as attached (Annexure P-7). In para No.2 of the legal notice it is alleged that Mr. Sunil Kumar S/o Sh. Patter Parshad his date of joining on JBT post 1.2.2000 and his seniority No.1033 and Sh. CWP.NO.14174 of 2007 #2# Anil Kumar date of joining on JBT post 1.2.2000 and his seniority No.1034 and promoted on the Hindi post on 26.7.2005 both are junior to the petitioner and both are belong to schedule caste. It is pertinent to mention here that both the above named teacher belongs to schedule caste but they falls in Schedule Caste group “B” as notified at that time by Haryana Govt. It is further submitted that as per Govt instructions 20% quota has been reserved for schedule caste in direct recruitment/promotion and out of 20% the quota 10% has been reserved for S.C. “A” category and 10% has been reserved for S.C “B” category. It was the position at that time and now S.C “A” and S.C “B” are combined and are treated as S.C. In this way, the petitioner has no relevancy with the above named teachers. That both the above named teachers were promoted vide Order No.E-III-2005/550-59 dated 18.5.2005 copy attached as Annexure R-II. The petitioner falls in category S.C “A” and last time Sh. Sohan Lal, JBT, G.P.S, Kussar whose date of appointment is 14.10.1995 was promoted vide this office order No.E-III-04/2809-14 dated 15.12.2004 (copy attached as Annexure R-1) whereas the date of appointment of petitioner is 1.8.1998 and he is very much junior. Therefore, the petitioner has no right for promotion and his case will be considered when his promotion becomes due as per promotion quota reserved for promotion.” In the reply, it has specifically been stated that the petitioner belongs to separate category of Scheduled Castes and as such his claim for promotion is not made out as respondents No.5 & 6, who were earlier promoted, belong to different category. It has, however, been stated that as and when the petitioner becomes eligible, his name will be considered for promotion. No case is made out for interference. Disposed of. ( JASBIR SINGH ) JUDGE February 07, 2008 ( JASWANT SINGH ) manoj JUDGE