Punjab-Haryana High Court
Rambir Singh And Others vs State Of Haryana And Others on 13 March, 2024
CWP-5842-2024 1 2024: PHHC:035673 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.116 CWP-5842-2024 Date of Decision: 13.03.2024 Rambir Singh and others .... Petitioners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHITYA Present: Mr. Surender Pal, Advocate for the petitioners. 3 2k 3 TRIBHUVAN DAHIYA, J. (ORAL)
The petition has been filed, inter alia, seeking a writ of certiorari quashing the orders dated 18.10.2023 and 18.12.2023, Annexures P-5 and P-9 respectively. The petitioners, who are JBT/PRT teaches of 2017 batch have been provisionally allotted districts vide impugned order dated 18.10.2023 and their representation against the same has been dismissed vide impugned order dated 18.12.2023.
2. It is contended by learned counsel for the petitioners that the districts have been allotted by preparing a combined list of Ex-servicemen (ESM), Dependents of Ex-servicemen (DESM) and Dependents of Freedom Fighters (DFF), and by giving preference to DESM and DFF category over ESM category teachers, to which the petitioners belong. Whereas, while allotting districts the respondents are required to follow the policy of reservation and, on that basis, petitioners are entitled to be given preference over DESM and DFF category teachers for the purpose. The impugned orders are, accordingly, contrary to reservation policy, and need to be set aside.
MANINDER 2024.03.19 14:07 I attest to the accuracy and authenticity of this order/judgment.CWP-5842-2024 2 2024: PHHC:035673
3. The impugned order, dated 18.12.2023, records that the Department has strictly followed the terms and conditions of the reservation policy for the purpose of recruitment/appointment of DESM and DFF category candidates against the vacant posts of ESM category. The benefit of reservation is required to be given only for the purpose of appointment. Once the appointment/selection is over, DESM and DFF category appointees are considered belonging to ESM category, as they are appointed against vacant ESM posts only. The allotment of districts has also been done in accordance with preferences given and merit position of the teachers determined by the Haryana Staff Selection Commission. There is no provision for considering DESM and DFF as a separate/distinct category from that of ESM category for allotment of districts. Learned counsel for the petitioner has also not been able to point out any provision to the contrary.
4. In view thereof, no exception can be taken to the impugned orders and, accordingly, the petition stands dismissed.
(TRIBHUVAN DAHTYA) JUDGE 13.03.2024 Maninder Whether speaking/reasoned Yes/No Whether reportable : Yes/No MANINDER 2024.03.19 14:07 I attest to the accuracy and authenticity of this order/judgment.