Punjab-Haryana High Court
Ved Parkash Gupta vs State Of Haryana & Anr on 21 November, 2018
Bench: Krishna Murari, Arun Palli
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No.1796 of 2018 (O&M)
DATE OF DECISION: 21.11.2018
Ved Parkash Gupta .....Appellant
versus
State of Haryana and another
.....Respondents
CORAM:- HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN PALLI, JUDGE
Present: Shri K.S. Godara, Advocate for the appellant
..
KRISHNA MURARI, CHIEF JUSTICE: (Oral) For the reasons mentioned in CM-4662-LPA-2018, delay of 300 days in filing the appeal is condoned and application stands disposed of.
This intra-Court appeal filed under clause X of the Letters Patent is directed against the judgment and order dated 20.12.2017 passed by the learned single Judge dismissing the writ petition filed by the appellant challenging an order dated 17.10.2013 whereby his representation claiming to be given a State level award being the best teacher was rejected.
On being confronted as to whether the award of State level best teacher is awarded under a statute and/or Statutory Rule or under any scheme framed by the Government, learned counsel for the appellant has not been able to satisfy that the award has any statutory character. Once the award does not have a statutory character there can be no manner of doubt that the writ petition filed challenging the decision not to give the appellant the State level best teacher award was not 1 of 3 ::: Downloaded on - 07-01-2019 00:34:58 ::: LPA-1796-2018 - 2 -
at all maintainable and thus, the present LPA arising out the said order would also not be maintainable.
We cannot restrain ourselves from observing that initially the prayer made in the unamended petition was to bestow upon the appellant-petitioner the State level best teacher award and consequent thereto an extension in service of two years. However, the State in its reply clarified that there was no provision whereby an extension could be provided in the retirement age or any other benefit is liable to be given to a State level best teacher awardee and only an Angvastra and citation is given to candidates selected by a jury constituted by the State Government to select 10 best teachers and the appellant-petitioner cannot claim that he has a legally vested right for the award.
For the aforesaid reasons and the reason that award has no statutory character, the writ petition was not maintainable and we see no infirmity in the view taken by the learned single Judge in dismissing the same. Appeal is not maintainable and the same accordingly stands dismissed.
(KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE 21.11.2018 parkash NOTE:
Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 2 of 3 ::: Downloaded on - 07-01-2019 00:34:58 ::: LPA-1796-2018 - 3 -
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