High Court of Punjab and HaryanaCWP/3417/1995dismissed

Ram Nath And ORS v. State Of Punjab And ANR

2015-01-29Mr. Justice P.B. Bajanthri2 pages

C.W.P. No.3417 of 1995 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. C.W.P. No.3417 of 1995 (O&M) DATE OF DECISION : 29.1.2015 Ram Nath and others PETITIONERS

VERSUS

State of Punjab and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER

1. Whether reporters of Local Newspapers may be allowed to see the judgment ?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest ? Present:- Shri Amit Chopra, Advocate for the petitioners. Shri Nilesh Bhardwaj, D.A.G. Punjab.

MAHESH GROVER, J.

Even though the petition was filed on behalf of a number of petitioners, yet vide order dated 17.4.1995, learned counsel for the petitioners was permitted to withdraw the petition on behalf of all the petitioners except petitioner No.1.

The petition thus survives qua one petitioner namely Ram Nath. It is the case of the petitioner that he was appointed as a Hindi GHANSHYAM DASS 2015.02.05 14:07 I attest to the accuracy and authenticity of this document high court chandigarh

C.W.P. No.3417 of 1995 -2Teacher in the cadre known as Classical and Vernacular Teacher at the relevant point of time. Post 1986, his cadre was merged in the Master's cadre. The petitioner, however, continued to get the pay-scale of Master in view of the qualifications possessed by him. The solitary grievance of the petitioner is that he ought to be given seniority and consequential promotion from the date when the pay scale was made admissible to him i.e. in 1986. The respondents have filed a reply where in paras 8 and 11 it has been stated that the petitioner was awarded Master's grade with effect from 1.1.1986 as a measure personal to him and thus, no benefit of promotion into the Master's cadre and seniority in this regard can be claimed by him. However, he acquired the eligibility for the post of Master/Mistress only after passing B.Ed. in 1999, and he shall be accorded promotion as per rules from the date he acquired such a qualification making him eligible for the promotional post as per rules a reasoning which cannot be faulted with.

Consequently, the petition is held to be without any merit and is dismissed.

(MAHESH GROVER) January 29, 2015 JUDGE GD GHANSHYAM DASS 2015.02.05 14:07 I attest to the accuracy and authenticity of this document high court chandigarh