Disposed

Darshan Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC15 May 2013CWP/10432/2013

Case brief

AI extract

What is this about?

Petitioners, promoted JBT teachers seeking seniority benefit over reserved category juniors due to reservation lapses, obtained direction to the State Directorate to decide their legal notice within five months without adjudication on merits.

What did the court decide?

Directed the Director of Public Instructions to decide the legal notice within five months from receipt of certified copy of this order.

Darshan Singh and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

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Civil Writ Petition No.10432 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 15, 2013

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Darshan Singh and others

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.... PETITIONERS

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Versus

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State of Punjab and another

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..... RESPONDENTS

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CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

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Present : Mr.Sunny Singla, Advocate, for the petitioners. ****

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AUGUSTINE GEORGE MASIH, J. (ORAL)

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Petitioners, who were initially appointed as JBT Teachers, stand promoted to the post of Masters/Mistresses as per their own turn they being general category employees. The scheduled caste employees, who were junior to the petitioners in the JBT Cadre, were promoted to the post of Masters/Mistresses as per the reservation policy prior to the petitioners. On promotion, petitioners are entitled to the grant of benefit of seniority over and above the reserved category candidates who had marched over them for promotion to the higher post because of reservation policy of the State of Punjab. In the light of the judgment passed by the Supreme Court in the case of Ajit

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Singh Janjua and others vs. State of Punjab and others, JT 1999

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(7) SC 153 , State of Punjab has issued instructions dated 22.10.1999, according to which in case a general category employee

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Civil Writ Petition No.10432 of 2013 { 2 }

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if is promoted to a higher post and the junior reserved category candidate employee who was promoted on roster point is in that cadre, the senior general category employee will catch up in seniority. However, if the reserved category employee has already been further promoted, this principle would not apply. Petitioners claim that they would be entitled to the claim, as has been made by them in the present writ petition. Respondents, as far as the fixing of the seniority in the case of Head Teachers, have complied with these instructions but in the case of Masters/Mistresses, the instructions dated 22.10.1999 (Annexure P-1) have not been given effect to till date.

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Aggrieved with the action on the part of the respondents, petitioners have served a legal notice dated 22.08.2012 (Annexure P- 6) upon the respondents but till date, no response has been received from them nor has the seniority been re-assessed and re-fixed.

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Counsel for the petitioners contends that the petitioners, at this stage, would be satisfied if directions are issued to the Director of Public Instructions (Secondary Education), Punjab respondent No. 2 to consider and decide the legal notice dated 22.08.2012 (Annexure P-6) within some specified time.

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Without going into the merits of the case or commenting thereon, the present petition is disposed of with directions to the Director of Public Instructions (Secondary Education), Punjab respondent No. 2 to consider and decide the legal notice dated

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Civil Writ Petition No.10432 of 2013 { 3 }

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22.08.2012 (Annexure P-6) within a period of five months from the date of receipt of certified copy of this order. Decision so taken be conveyed to the petitioners forthwith.

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May 15, 2013 ramesh

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(AUGUSTINE GEORGE MASIH ) JUDGE

Darshan Singh and Ors. v. State of Punjab and Anr.

Case brief

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Darshan Singh and Ors. v. State of Punjab and Anr.

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