Harish Kumar v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.613 Date of decision: May 19, 2022 Harish Kumar

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Surinder Gandhi, Advocate for Mr. Jagbir Malik, Advocate for the petitioner.

Mr. R.D. Sharma, Deputy Advocate General, Haryana. ***** ARUN MONGA, J. (ORAL) Petition was filed in the year 2000, inter alia, for issuance of a writ in the nature of certiorari to quash order dated 29.10.1997 and in the nature of mandamus to direct the respondents to appoint petitioner on the post of Teacher of B.A., B.Ed. Grade or J.B.T Teacher as his qualification is M.Com, B.Ed. 2.

Learned counsel for the petitioner vehemently argues that case of the petitioner is squarely covered by judgments rendered in CWP No.5413 of 1999, titled as Ravinder Singh vs. State of Haryana, decided on 05.05.1999 and CWP No.13888 of 1998, titled as Satender vs. State of Haryana and others, decided on 11.11.1998.

3.

Per contra, learned State Counsel would urge that the petitioner is entitled to employment, only on a post, which is one step below the post on which the deceased father was serving at the time of his death. The petitioner's father was appointed on the post of J.B.T. Teacher in the pay scale of Rs.1200-2040 which was upgraded to Rs.1600-2660 after he passed B.A. Examination and therefore at the time of death he was working in the pay scale of Rs.1600-2660, he points out.

4.

I have heard the competing arguments of both the learned counsel and I am of the view that petition deserves dismissal for the reasons stated hereinafter.

-25.

     

                   
           

                                  6.

                  the Supreme Court in



     


 ! 
  

               !  "              #  $% &   '$   




 
    






 
 
 

     

     

 !"##$%&'''    (()*)&'''

   


 




  


 


 


 



  

  



 
 




  



 

   



  
  






! 

  



 



"#
  

  
 









  


 
  




 






$ 




 










 %


&
 

  '
$



   
  ( &



  


)

( 

  

 $    

  


 
     

 
 $  

 
 

 
   
 








   


 


  



 
 $

  

#


 



   



 



 

  


#  
$ 
 



 

 
 
    






#
 


  





 



 

$ 


$ 
 
  
 



 




 
  



#
$   

   


 
  *
 
  
 

 




+#
 
$ 


  
 
#



 




  
  

( 
         

-3-  )  * 9.

Since the main case has been decided, pending civil miscellaneous application, if any, also stands disposed of. (ARUN MONGA) JUDGE May 19, 2022 ashish Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No