Cwp No.25116 of 2012 (Oandm) Vs. State of Punjab and Others --respondents - Court Judgment

SooperKanoon Citationsooperkanoon.com/1056660
CourtPunjab and Haryana High Court
Decided OnDec-17-2012
AppellantCwp No.25116 of 2012 (Oandm)
RespondentState of Punjab and Others --respondents
Excerpt:
cwp no.25116 of 2012 (o&m) -1- in the high court of punjab & haryana at chandigarh cwp no.25116 of 2012 (o&m) date of decision:17. 12.2012. prem lal --petitioner versus state of punjab & others --respondents coram:- hon'ble mr.justice tejinder singh dhindsa. present:- mr.vivek sharma, advocate for the petitioner....tejinder singh dhindsa.j the petitioner, who is working on the post of s.s.master is aggrieved of the action of the respondent-authorities in not determining his seniority in the light of rule 11 of the punjab state education class-iii (school cadre) service rules, 1978. in the proviso to rule 11, it has been clearly stipulated that in case of the cadre of members recruited by direct appointment it is the order of merit determined by the recruiting agency that shall govern the seniority. learned counsel further contends that the issue stands covered in terms of a division bench judgement of this court dated 9.7.2004 passed in cwp no.19832 of 2003 titled as charan dass sharma versus state of punjab & others.counsel further submits that even a legal notice dated 08.10.2012 (annexure p-4) stands served upon the respondent- authorities but the same has not evoked any response. in the light of the submissions made by learned counsel for the petitioner, i deem it appropriate to dispose of the present petition with a direction to the respondent-authorities to consider and decide the legal notice dated 08.10.2012 (annexure p-4).referred to herein above, in terms cwp no.25116 of 2012 (o&m) -2- of passing a speaking order within a period of four months from the date of receipt of a certified copy of this order. it is clarified that in the event of the petitioner being given the benefit of deemed seniority, she would also be entitled to all consequential benefits in the nature of ante dated promotion etc.however, it is clarified that the benefit of consequential pay fixation would be granted only on a notional basis. petition disposed of. (tejinder singh dhindsa) judge 17 12.2012. jyoti 1
Judgment:

CWP No.25116 of 2012 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.25116 of 2012 (O&M) Date of Decision:

17. 12.2012.

Prem Lal --Petitioner Versus State of Punjab & others --Respondents CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.

Present:- Mr.Vivek Sharma, Advocate for the petitioner....TEJINDER SINGH DHINDSA.J The petitioner, who is working on the post of S.S.Master is aggrieved of the action of the respondent-authorities in not determining his seniority in the light of Rule 11 of the Punjab State Education Class-III (School Cadre) Service Rules, 1978.

In the proviso to Rule 11, it has been clearly stipulated that in case of the cadre of members recruited by direct appointment it is the order of merit determined by the recruiting agency that shall govern the seniority.

Learned counsel further contends that the issue stands covered in terms of a Division Bench judgement of this Court dated 9.7.2004 passed in CWP No.19832 of 2003 titled as Charan Dass Sharma versus State of Punjab & otheRs.Counsel further submits that even a legal notice dated 08.10.2012 (Annexure P-4) stands served upon the respondent- authorities but the same has not evoked any response.

In the light of the submissions made by learned counsel for the petitioner, I deem it appropriate to dispose of the present petition with a direction to the respondent-authorities to consider and decide the legal notice dated 08.10.2012 (Annexure P-4).referred to herein above, in terms CWP No.25116 of 2012 (O&M) -2- of passing a speaking order within a period of four months from the date of receipt of a certified copy of this order.

It is clarified that in the event of the petitioner being given the benefit of deemed seniority, she would also be entitled to all consequential benefits in the nature of ante dated promotion etc.However, it is clarified that the benefit of consequential pay fixation would be granted only on a notional basis.

Petition disposed of.

(TEJINDER SINGH DHINDSA) JUDGE 17 12.2012.

Jyoti 1