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Punjab-Haryana High Court

Khushwant Singh And Others vs State Of Punjab And Others on 22 February, 2023

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                         Neutral Citation No:=2020:PHHC:033153




CWP-17470 of 2020 (O&M)                                           -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                                CWP-17470 of 2020 (O&M)
                                                Date of decision: 22.02.2023

Khushwant Singh and others                                 ..Petitioners

                                   Versus

State of Punjab and others                                 ..Respondents

                                                CWP-3322 of 2023 (O&M)

Jaswinder Kaur and another                                        ..Petitioners

                                   Versus

State of Punjab and another                                ..Respondents


CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:     Ms. Alka Chatrath, Advocate
             for the petitioners (in CWP-17470 of 2020)

             Mr. Balbir Singh Sewak, Advocate
             for the petitioners (in CWP-3322 of 2023)

             Mr. D.K.Singal, Addl.A.G., Punjab

ANIL KSHETARPAL, J(Oral)

1. On 22.03.2021, the following order was passed:-

"This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19.
As per the reply filed by way of affidavit dated 04.03.2021, it is accepted that certain persons junior to the petitioners have been afforded promotion. It is further submitted that the Department had also initiated the process to consider the claim of petitioners as well as similarly situated seniors/ETT Teachers on the basis of provisional inter-se seniority list drawn up by DPI (EE), Punjab in terms of letter dated 15.01.2019. However, 1 of 3 ::: Downloaded on - 01-03-2023 22:03:25 ::: Neutral Citation No:=2020:PHHC:033153 CWP-17470 of 2020 (O&M) -2- vide letter dated 08.09.2020, the above said inter-se seniority list has been withdrawn. It is further stated that petitioners' claim for promotion to the master cadre will be considered once seniority list is finalized.
Learned counsel for the State prays for some time to address arguments.
List on 29.07.2021.
In the meanwhile, seniority list in question be finalized before the next date of hearing. Necessary status report be filed before the next date of hearing."

2. In response to the writ petition, the official respondents have stated that inter-se seniority and consequent promotion of the primary teachers to Master Cadre will be made in light of Punjab Education (Teacher Cadre) Group-C Service Rules, 2018 and Punjab Education (Teaching Cadre) Group-C(First amendment) Rules, 2020.

3. Sh. D.K.Singal, Additional Advocate General, Punjab, on instructions from Mrs. Dimpi Dhir, Assistant Director, office of Director Public Instructions(Secondary Education), Punjab, has submitted that the necessary amendment in the rules have been proposed and the Cabinet of the State Government is required to take a call on the said proposal thereof. He undertakes that within a period of 2 months, from today, the official respondents will make sincere endeavours for taking necessary steps in this regard.

4. Keeping in view the aforesaid stand, the learned counsels representing the petitioners, in both the writ petitions, state that the writ petitions be disposed of in terms of the statement made by the learned counsel representing the State with liberty to the petitioners to file a fresh one if the grievances still remain unredressed.

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5. Disposed of accordingly.

6. All the pending miscellaneous applications, if any, are also disposed of.

February 22, 2023                                     (ANIL KSHETARPAL)
nt                                                          JUDGE

Whether speaking/reasoned                 :     Yes/No
Whether reportable                        :     Yes/No




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