Punjab-Haryana High Court
Surinder Singh Mann & Others vs State Of Punjab & Another --Respondents on 10 September, 2012
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No.17681 of 2012(O&M)
Date of Decision: 10.9.2012.
Surinder Singh Mann & others --Petitioners
Versus
State of Punjab & another --Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. Vikas Chatrath, Advocate for the petitioners.
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TEJINDER SINGH DHINDSA.J The petitioners, who are holding the post of S.S. Masters/Mistresses (some having been promoted to the post of Lecturer) 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 the proviso to Rule 11, it has been clearly stipulated that in case of the cadre of members recruited by direct appointment it is the order of merit determined by the recruiting agency that shall govern the seniority.
Learned counsel for the petitioners contends that the issue stands covered in terms of a Division Bench judgement of this Court dated 9.7.2004 passed in CWP No. 19832 of 2003 titled as Charan Dass Sharma Vs. State of Punjab & others. Counsel further submits that even a legal notice dated 9.6.2012 (Annexure P-7) has been served upon the respondent- authorities but the same has not evoked any response.
In the light of the averments made in the petitioner, I deem it appropriate to dispose of the present petition with a direction to the respondent-authorities to consider and decide the legal notice dated CWP No.14726 of 2012(O&M) -2- 9.6.2012 (Annexure P-7) in terms of passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. Suffice it to observe that while taking a decision in the legal notice the respondents shall keep in mind the decision of the Division Bench of this Court dated 9.7.2004, referred to herein above.
Petition disposed of.
(TEJINDER SINGH DHINDSA) JUDGE 10.9.2012.
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