Disposed

Sharnjot Singh v. State of Punjab and Ors.

Punjab & Haryana HC23 May 2013CWP/2675/2011

Case brief

AI extract

What is this about?

This writ petition involved a petitioner's claim for promotion from Clerical to Master Cadre. The High Court, relying on a recent judgment allowing exceptions to the type test condition, directed the respondents to reconsider the petitioner's claim along with similarly placed employees and finalize the matter within two months. If eligible, promotion orders must be passed immediately.

What did the court decide?

Respondents directed to finalize the petitioner's claim for promotion along with similarly placed employees within two months and pass orders if eligible.

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

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Civil Writ Petition No.2675 of 2011 (O&M) { 1 }

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Date of Decision: May 23, 2013

Sharnjot Singh

...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.Surmukh Singh, Advocate, for the petitioner.

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Ms.Monica Chhibber Sharma, DAG, Punjab, for the State.

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AUGUSTINE GEORGE MASIH, J.(ORAL)

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Petitioner has approached this Court with a prayer that he be considered for promotion to the post of Master Cadre from the Clerical Cadre in the light of the fact that he possesses the requisite qualifications.

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On the last date of hearing, i.e., 4.4.2013, when the case was taken up, following order was passed:-

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“ Counsel for the petitioner contends that the rejection of the claim of the petitioner, as far as the objection of the respondents that he has not passed the Punjabi type test as a ground for disqualifying him for promotion to the post

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Civil Writ Petition No.2675 of 2011 (O&M) { 2 }

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of Master is covered in his favour by the judgment passed in CWP No.22775 of 2010 Gurpartap Singh and others vs. State of Punjab and others, decided on 7.2.2013. He, on this basis, asserts that the petitioner is entitled to promotion to the post of a Master (Social Studies/Punjabi).

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Counsel for the respondents contends that the claim of the petitioner for promotion to the post of Master could not be considered on the ground that the cases were invited for promotion to the Master Cadre vide letter dated 9.7.2008 (Annexure P-7) and the eligibility of the candidate was required to be considered on the said date. Petitioner passed his B.Ed. in the year 2009 and, therefore, was not eligible for consideration for promotion on the said date.

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Counsel for the petitioner states that vide order dated 27.5.2010 (Annexure P-9), persons who are junior to the petitioner stand promoted, also did not possess the requisite qualification on or before 9.7.2008 but has been promoted ignoring the claim of the petitioner.

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In the light of the above disputed facts, let a specific affidavit be filed by the respondents clarifying as to whether any of the persons junior to the petitioner, who has been promoted to the cadre of Master vide order

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Civil Writ Petition No.2675 of 2011 (O&M) { 3 }

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dated 27.5.2010 (Annexure P-9) was ineligible on 9.7.2008 when the applications were invited for promotion to the Master cadre. The said affidavit be filed within a period of four weeks.

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List for further consideration on 23.5.2013.

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Copy of the order be given dasti under the signatures of the Special Secretary of the Court to the counsel for the respondent-State.”

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In pursuance to the said order, affidavit of Jarnail Singh,

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Assistant Director (S.A.-2), office of Director of Public Instructions (S.E.), Punjab, Chandigarh has been filed, wherein in para No.5, it has been stated as follows:-

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“ That it is further submitted that the claim of the petitioner for promotion to Master cadre was not earlier considered in Promotion List 27.5.2010 since he did not pass the type test. The Department has now decided to consider all the similarly placed person's cases, thereby the claim of the petitioner for promotion to Master Cadre would be considered along with other similar employees ignoring the condition of passing of Type Test.”

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In view of the above, the present writ petition is disposed of with direction to the respondents to finalise the claim of the petitioner for promotion along with other similarly placed employees within a period of two months from today. In case the petitioner is

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Civil Writ Petition No.2675 of 2011 (O&M) { 4 }

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found to be eligible for promotion, the orders be passed and conveyed to him forthwith within the time stipulated.

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May 23, 2013 ramesh

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( AUGUSTINE GEORGE MASIH ) JUDGE

Sharnjot Singh v. State of Punjab and Ors.

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Sharnjot Singh v. State of Punjab and Ors.

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