Petitioner sought quashing of memos inviting SC-category PGTs for Principal promotion and mandamus fixing his seniority from 2002. Court held he belonged to a separate cadre per transfer conditions, seniority list unchallenged, and the claim duplicated an earlier pending petition; dismissed.
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CWP No.6063 of 2024 (O & M) -1- 2024:PHHC:056021
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
108
CWP No.6063 of 2024 (O & M) Date of Decision : 25.4.2024
Rajender Singh
..... Petitioner
versus
State of Haryana and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Surinder Singh Siao, Advocate, for the petitioners
Mr. Sanjeev Kaushik, Addl. AG, Haryana
TRIBHUVAN DAHIYA J. (ORAL):
The petition has been filed, inter alia, seeking a writ of certiorari quashing the memos dated 11 and 12.1.2024, Annexures P-13 and P-14 respectively, whereby cases of Post Graduate Teacher (PGT)Lecturers/private respondents no.3 to 151, belonging to scheduled caste (SC) category have been invited for promotion to the post of Principal. Further, a writ of mandamus has been sought directing the official respondents to fix the petitioner’s seniority in the school cadre of PGTs/Lecturers from the date of his initial appointment, i.e., 30.11.2002, in earlier Government Department and to consider him for promotion on the post of Principal on that basis.
Ashwani Kumar 2024.04.29 18:27 I attest to the accuracy and integrity of this document
CWP No.6063 of 2024 (O & M) -2- 2024:PHHC:056021
Practical) on 30.11.2002, and joined as such on 3.12.2002. Later, he alongwith other Instructors was transferred to the Education Department on 23.4.2009. After being relieved from the ITV Department, he joined the Education Department on Group-B post of Accountancy and Auditing Lecturer at Government Girls Senior Secondary School, Kaithal. It is claimed that the petitioner has not been included in the seniority list of PGTs/Lecturers, dated 8.7.2019, though he is working in the Department as lecturer since 24.4.2009. The impugned memos dated 11 and 12.1.2024, inviting names of PGTs belonging to SC category as per the seniority list dated 8.7.2019 for promotion to the post of Principal, are illegal since the petitioner has been excluded therefrom.
Ashwani Kumar 2024.04.29 18:27 I attest to the accuracy and integrity of this document
CWP No.6063 of 2024 (O & M) -3- 2024:PHHC:056021
the School Education Department as Lecturer of Accountancy and Auditing. As submitted by the learned State counsel, terms and conditions of the transfer stipulated that the petitioner will form a separate and distinct cadre in the Department, accordingly, he cannot claim to be a part of the cadre of PGTs. This was the reason he was not included in the seniority list of PGTs in the Department dated 8.7.2019. Neither the conditions of transfer nor the seniority list has been challenged by the petitioner; even otherwise, he is not entitled to do so at this stage after a long delay. Besides, his claim for promotion as Principal already stands rejected by the Department by a speaking order dated 5.10.2023, which has been separately challenged by him by filing CWP No.28968 of 2023. Thus, filing of the instant petition claiming the promotion as Principal, which has already been claimed in the earlier petition, is an abuse of the process of law. In these circumstances, there is no ground to entertain the petition.
accordingly.
(TRIBHUVAN DAHIYA) JUDGE
25.4.2024
Ashwani
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
Ashwani Kumar 2024.04.29 18:27 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petitioner, transferred from the ITV Department under a separate-cadre condition, could claim PGT seniority and promotion as Principal.
Whether a second writ petition on promotion already challenged in CWP No.28968 of 2023 was maintainable.
Rajender Singh
State of Haryana
Tribhuvan Dahiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
