High Court of Punjab and HaryanaCWP/16658/2018dismissed

Jasbir Singh v. State Of Punjab And ANR

2018-10-09Mrs. Justice Raj Rahul Garg2 pages

CWP 16658/2018 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP 16658/2018 (O&M) Date of decision:09.10.2018 Jasbir Singh ..............Petitioner v.

State of Punjab and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Sunny Singla,Advocate for the petitioner Jaswant Singh,J,(Oral).

Petitioner is substantively serving in the rank of Math Master although he claims to have held the additional charge of the post of Head Master for short intermittent periods w.e.f. 1.12.2015 till 7.5.2018 as detailed in Annexure P-1 apart from January 2006 to December 2009. By filing the present petition he is seeking a mandamus for promotion to the post of Principal under the 30% quota reserved for Head Masters/Head Mistresses.

Counsel for the petitioner heard.

It is conceded that the post of Principal is governed by the Punjab Educational Service (School and Inspection) Group A Service Rules,2004. In the Appendix B of 2004 Rules the method of recruitment is provided 100% by promotion. The said quota is further sub-divided into 50% from amongst Lecturers, 30% from amongst the Head Masters/Mistresses and 15% from Vocational Lecturers/Masters/Mistresses with minimum period of prescribed experience. It is claimed that the case RAJINDER PARSHAD JOSHI 2018.10.10 09:39 I attest to the accuracy and integrity of this document

CWP 16658/2018 (O&M) of the petitioner is covered under 30% quota, which reads as under:- "b)Thirty per cent from amongst the Head Masters/Mistresses working under the control of the Director, who have an experience of working as such for a minimum period of seven years; and......"

From the above, it is evident that 30% quota is available only to the employees appointed as Head Masters and Head Mistresses and no promotional avenue is provided to an employee working as Masters and Mistresses. Merely because the petitioner has held the additional charge of higher rank of Head Master for a period of seven years does not make him eligible for being considered for promotion under the aforesaid 30% quota. Dismissed.

09.10.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RAJINDER PARSHAD JOSHI 2018.10.10 09:39 I attest to the accuracy and integrity of this document