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Punjab-Haryana High Court

Sukhminder Singh & Others vs State Of Punjab And Another ... on 1 August, 2013

Author: Tejinder Singh Dhindsa

Bench: Tejinder Singh Dhindsa

                               IN THE HIGH COURT OF PUNJAB & HARYANA AT
                                             CHANDIGARH

                                                        CWP No. 16599 of 2013(O&M)
                                                        Date of Decision: 1.8.2013.

            Sukhminder Singh & others                                       --Petitioners

                                           Versus

            State of Punjab and another                                     --Respondents

            CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.

            Present:-          Mr. Sunny Singla, Advocate for the petitioners.

                               ***

TEJINDER SINGH DHINDSA.J It has been asserted that the petitioners were initially appointed as Masters in different subjects in the State Education Department. Even while being members of the Master Cadre, the petitioners have been called upon to perform the duties of the higher post of Head Master. In para 2 of the writ petition is a tabulation containing the precise dates relating to the period on which the petitioners have discharged the duties of the higher post of Head Master. Thereafter, the petitioners also stand promoted on a regular basis to the post of Head Master in the year 2011-12.

The present writ petition has been filed raising a grievance that even though, 30% posts have been earmarked for promotion to the post of Principal from amongst the Head Masters/Mistresses having 7 years experience as such, yet, the petitioners are being denied their vested right of consideration for promotion to the post of Head Master/Mistresses only on the ground that they have not completed 7 years service after the date of regular promotion to such post.

Learned counsel for the petitioners would argue that service rendered, be it on ad hoc/officiating basis on the higher post would certainly Lucky 2013.08.05 13:34 I attest to the accuracy and integrity of this document chandigarh CWP No. 16599 of 2013(O&M) -2- reckon towards eligibility/qualifying service for grant of promotion to the higher post of Principal.

In the light of the facts noticed herein above, the present writ petition is disposed of with a direction to respondent no.2 to consider the claim of the petitioners strictly in accordance with law and to take a final decision on the legal notice dated 28.12.2012 (Annexure P-2), within a period of four months from the date of receipt of a certified copy of this order.

Petition disposed of.

(TEJINDER SINGH DHINDSA) JUDGE August 01, 2013.

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