Disposed

Mangti Devi v. State of Punjab and Ors.

Punjab & Haryana HC10 May 2013CWP/10148/2013

Case brief

AI extract

What is this about?

Petitioner sought promotion to Head Teacher from the date her junior was promoted after being excluded from the seniority list. Court disposed of petition by directing respondents to decide the claim within four months and grant consequential benefits if accepted.

What did the court decide?

Direction to respondents to decide petitioner's claim for promotion to Head Teacher and grant consequential benefits within four months.

Mangti Devi Vs State of Punjab and… — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

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Civil Writ Petition No.10148 of 2013 { 1 }

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Date of Decision: May 10, 2013

Mangti Devi

...Petitioner

Versus

State of Punjab & others

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...Respondents

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CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH

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Present: Mr.Harinder Sharma, Advocate, for the petitioner.

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AUGUSTINE GEORGE MASIH, J.(ORAL)

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Petitioner has approached this Court claiming promotion to the post of Head Teacher from the date her junior, namely, Kulbir Kaur-respondent No.5 was promoted.

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It has been asserted that in the feeder cadre, the name of the petitioner, despite she being senior to respondent No.5, never figured. Petitioner has been approaching the respondents for putting her name in the seniority list and with great efforts, ultimately it was incorporated. A seniority number was assigned to the petitioner in the year 2009, according to which, she was senior to respondent No.5. After having been declared as senior, petitioner submitted representations for promotion to the post of Head Teacher from the date her junior has been promoted. Copies of these representations

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Civil Writ Petition No.10148 of 2013 { 2 }

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have been appended as Annexure P-3 Colly. None of these representations have been decided by the respondents and, therefore, the petitioner served a legal notice dated 7.3.2013 (Annexure P-4) upon official respondent Nos.1 to 4. That also has not been decided till date nor any response received thereon.

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Counsel states that the petitioner, at this stage, would be satisfied if a direction is issued to respondent Nos.1 and 2-Secretary to Government of Punjab, Department of School Education, Punjab and Director Public Instructions (EE), Punjab to consider and decide the claim of the petitioner for promotion to the post of Head Teacher from the date her junior-respondent No.5 Kulbir Kaur was promoted as such and grant her consequential benefits, as has been prayed for in the legal notice dated 7.3.2013 (Annexure P-4) within some specified time.

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In view of the statement made by the counsel for the petitioner and without going into the merit of the case or commenting thereon, the present writ petition is disposed of with directions to respondent Nos.1 and 2-Secretary to Government of Punjab, Department of School Education, Punjab and Director Public Instructions (EE), Punjab to consider and decide the claim of the petitioner for promotion to the post of Head Teacher from the date her junior-respondent No.5 Kulbir Kaur was promoted, as has been prayed for in the legal notice dated 7.3.2013 (Annexure P-4) within a period of four months from the date of receipt of certified copy of this order.

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Civil Writ Petition No.10148 of 2013 { 3 }

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In case the claim of the petitioner is accepted, the consequential benefits, if any, be released to her, in accordance with law, within a further period of two months.

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In case the claim of the petitioner is not to be accepted, then a well reasoned and speaking order be passed and conveyed to the petitioner forthwith.

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May 10, 2013 ( AUGUSTINE GEORGE MASIH ) ramesh JUDGE

Mangti Devi v. State of Punjab and Ors.

Case brief

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Mangti Devi v. State of Punjab and Ors.

Case brief

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