Punjab-Haryana High Court
Hargobind Rai & Others vs State Of Punjab & Others --Respondents on 12 September, 2012
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No.17903 of 2012 (O&M)
Date of Decision: 12.9.2012.
Hargobind Rai & others --Petitioners
Versus
State of Punjab & others --Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. Vivek Sharma, Advocate for the petitioners.
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TEJINDER SINGH DHINDSA.J The petitioners, who belong to the Master cadre and are aggrieved of the action of the respondent-authorities in not determining their seniority in terms of Rule 11 of the Punjab State Education Class-III (School Cadre) Service Rules, 1978. In terms of proviso to Rule 11 of the 1978 Rules the seniority of the members of the cadre, who have been recruited by direct appointment is to be governed on the basis of the merit determined by the recruiting agency.
Learned counsel for the petitioners contends that the seniority is in fact being reckoned from the date of joining, which is in contravention to the statutory rules. Counsel would further submit that the claim of the petitioners would be squarely covered by a Division Bench judgement of this Court dated 9.7.2004 rendered in case of Charan Dass Sharma Vs. State of Punjab & others (CWP No. 19832 of 2003). Counsel further submits that even a legal notice dated 19.7.2012 (Annexure P-5) already stands submitted in this respect and is pending consideration.
In the light of the averments made in the petition, I deem it appropriate to dispose of the present petition with direction to the CWP No.17903 of 2012 (O&M) -2- respondent-authorities to consider the claim of the petitioners and decide the legal notice dated 19.7.2012 (Annexure P-5) strictly in accordance with law and by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order.
It is clarified that in the event of the petitioners being given the benefit of deemed seniority, they would be entitled to the consequential benefit of pay fixation only on notional basis.
Petition disposed of.
(TEJINDER SINGH DHINDSA) JUDGE 12.9.2012.
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