Punjab-Haryana High Court
Joginder Singh Aulakh & Others vs State Of Punjab & Others on 3 November, 2008
Bench: Ashutosh Mohunta, Rajan Gupta
CWP No.19545 of 2007 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CWP No.19545 of 2007
Date of decision: 03.11.2008
Joginder Singh Aulakh & others ..Petitioners
Versus
State of Punjab & others ...Respondents
CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Harinder Sharma, Advocate, for the petitioners.
Ms. Charu Tuli, Senior DAG, Punjab.
Ashutosh Mohunta, J. (oral) The petitioners belong to the Punjab School Education Service Group 'A' in the School Education Department of Punjab Government. They are aggrieved by the action of respondent No.1 in refusing to post them to the post of District Education Officer (Senior Secondary or Elementary Education). The petitioners have claimed that all of them are senior to respondents No.3 to 26. They have based their claim on the basis of judgments Annexures P-8 to P-10 and according to them their case is squarely covered by the aforementioned judgments.
Reply has been filed on behalf of the respondents wherein the stand of the respondents is as follows:-
"In this context, it may be submitted that the provisional seniority list of Group 'A' upto 31.3.2006 was forwarded to the Circle Education Officers for circulation to the concerned officers and for submission of objections, if any, vide Govt. of Punjab Memo No.1/18/06-2Edu4/3004 dated 8.12.2006. The objections received from the concerned CWP No.19545 of 2007 2 officers are under consideration by the Government and the final seniority of these officers is likely to be determined very soon. In the light of the seniority so finalized by the Government, the issue raised through this writ petition would be reviewed in the light of judgment dated 22.4.2008 in CWP No.18141 of 2007- Gurdev Singh Gill v/s State of Punjab and others and it would be ensured that the senior most in the State Cadre in a District is appointed as District Education Officer."
In view of the categoric stand taken by the respondents that the seniority of the petitioner viz-a-viz respondent No.3 to 26, now would be reviewed in the light of judgments Annexures P-8 to P-10 and the judgment rendered in CWP No.18141 of 2007 Gurdev Singh Gill v/s State of Punjab and others.
Therefore, we dispose of this writ petition with a direction to the respondents to finalize the seniority list of Group 'A' officers in the Punjab School Education Service (Senior Secondary and Elementary Education).
The aforementioned exercise be completed within three months from the date of receipt of the certified copy of this judgment.
(ASHUTOSH MOHUNTA) JUDGE (RAJAN GUPTA) JUDGE November 03, 2008 'rajpal'