Judgment:
CWP No.6402 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH105 CWP No.6402 of 2014 Date of Decision : July 11, 2014 Gobind Singh ...PETITIONER versus State of Haryana and others ....RESPONDENTS CORAM : HON'BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present : Mr.Himanshu Puri, Advocate, for Mr.Jagmohan Ghuman, Advocate, for the petitioner.
AUGUSTINE GEORGE MASIH, J.
(ORAL) Petitioner has approached this Court impugning the order dated 20.12.2013 (Annexure P-14) passed by the respondents in compliance with the directions issued by the Division Bench of this Court in LPA No.2187 of 2012 preferred by the petitioner calling upon the competent authority to decide the relaxation of the qualifications necessary for retiral benefits including pension of the petitioner.
Respondent No.2, vide his impugned order, has referred to the specific Rule which prescribed qualifications.
Admittedly, the Prerna dattapetitioner does not possess the said qualifications qua the post of 2014.07.21 13:58 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No.6402 of 2014 2 Senior Librarian.
Rule 17 of The Haryana Educational College Cadre (Group-C) Service Rules, 1986 (hereinafter referred to as '1986 Rules') provides for relaxation in the provisions of the Rules but that is limited to the extent of any class or category of persons.
The stand of the respondents is that the order of the Director General, Higher Education, Haryana, is based upon the reasoning that no individual person can be granted relaxation as per Rule 17 as it is only with respect to any class or category of persons that such a power can be invoked.
In the considered view of this Court, the order is correct interpretation as to the applicability, scope and ambit of Rule 17 of the 1986 Rules and, therefore, does not call for any interference.
The writ petition, therefore, stands dismissed.
(AUGUSTINE GEORGE MASIH ) July 11, 2014 JUDGE pj Prerna datta 2014.07.21 13:58 I attest to the accuracy and integrity of this document High Court, Chandigarh