Allowed

Baldev Singh Virk v. State of Punjab and Others

Punjab & Haryana HC15 Feb 2010CWP/2920/2005

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking promotion to the post of Punjabi Master. The petitioner, a JBT teacher with M.A. in Punjabi, was denied promotion for lacking Punjabi as an elective subject in graduation. The Court relied on JBT eligibility principles to quash the rejection order and directed reconsideration.

What did the court decide?

Impugned order dated 17.11.2004 quashed; respondents directed to reconsider promotion claim within 3 months.

Baldev Singh Virk Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.2920 of 2005 Date of Decision : February 15, 2010.

Baldev Singh Virk

..... Petitioner

versus

State of Punjab and others

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..... Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.Dinesh Kumar, Advocate, for the petitioner. Mr.B.S.Chahal, Deputy Advocate General, Punjab.

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-.-

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1. Whether Reporters of Local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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ORDER

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Surya Kant, J. (Oral)

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The petitioner is working as a JBT Teacher in the Education Department, Government of Punjab. He seeks quashing of the order/communication dated 17.11.2004 (Annexure P-9) whereby he has been denied promotion to the post of Punjabi Master on the ground that he does not possess the prescribed qualification. The petitioner also seeks a mandamus to direct the respondents to treat him eligible on the basis of the higher qualification of M.A. Punjabi, which he possesses and consequently consider him for promotion to the afore-stated post of Punjabi Master.

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The respondents have filed their counter-affidavit opposing

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C.W.P.No .2920 of 2005 2

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the petitioner's claim on the ground that under the Punjab Education ClassIII (School Cadre) Services Rules, 1995 (hereinafter referred to as `1995 Rules'), the prescribed qualification for the post of Punjabi Master is graduation from a recognized University with Punjabi as a subject and B.Ed. with teaching of Punjabi.

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Relying upon a Division Bench Judgment of this Court in Jagjit Singh and another versus State of Punjab and others, 2007 (4) SCT 349, learned counsel for the petitioner submits that since the petitioner has qualified graduation with Punjabi as one of the compulsory subject, the respondents cannot insist upon passing of Punjabi as an elective subject. In addition, the petitioner possesses higher qualification of M.A. in Punjabi.

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Having heard learned counsel for the parties at some length, I find some substance in the contention raised on behalf of the petitioner. If the petitioner is possessing B.A. degree with Punjabi as a compulsory subject, he is entitled to be eligible for promotion under the 1995 Rules, as held by this Court in Jagjit Singh's case (supra). In addition to it, the fact that the petitioner possesses higher qualification of M.A. in Punjabi also strengthens his eligibility for his further promotion.

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For the reasons afore-stated, the writ petition is allowed; the impugned order/communication dated 17.11.2004 (Annexure P-9) is quashed and the respondents are directed to re-consider the claim of the petitioner for promotion as Punjabi Master in the light of the decision of this Court in Jagjit Singh's case (supra) and dispose of the same in

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C.W.P.No .2920 of 2005 3

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accordance with law as early as possible, preferably within a period of 3 months from the date of receiving a certified copy of this order.

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Suffice it to observe that in case the respondents held the petitioner eligible for promotion, he shall be entitled to be promoted from the due date with all the consequential benefits.

Dasti.

15-02-2010

Mohinder

(SURYA KANT) JUDGE

Baldev Singh Virk v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Baldev Singh Virk v. State of Punjab and Others

Case brief

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What did the court decide?

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