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High Court of Punjab and HaryanaCWP/17500/2023dismissed

Bijender Singh v. State Of Haryana And Others

2023-10-16Mr. Justice Tribhuvan Dahiya2 pages

CWP No.17500 of 2023 -1- 2023:PHHC:134442

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CWP No.17500 of 2023 Date of Decision : 16.10.2023 Bijender Singh ..... Petitioner versus State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Rohit Mittal, Advocate, for the petitioner --- TRIBHUVAN DAHIYA J. (ORAL):

This petition has been filed seeking a writ of certiorari quashing the impugned order dated 5.10.2021, Annexure P-6, whereby the petitioner's claim for promotion to the post of TGT-English, w.e.f. 28.8.2018, the date his juniors were promoted, has not been considered. 2.

A perusal of the impugned order dated 5.10.2021 shows that the Additional Director, Elementary Education, Haryana, has stated that the process of promotion is on hold due to the ongoing rationalisation (identification of latest required vacancies as per workload and studentteacher ratio) in the Department. Promotion cases of the teachers will be considered as per eligibility criteria under the Haryana School Education (Group-C) State Cadre Service Rules, 2012, once the rationalisation process is over and latest data becomes available. The petitioner's case will also be considered keeping in view his seniority, eligibility and the availability of vacancies.

3.

Learned counsel for the petitioner is unable to point out that any Ashwani Kumar 2023.10.18 10:54 I attest to the accuracy and integrity of this document

CWP No.17500 of 2023 -2- 2023:PHHC:134442 of the petitioner's juniors was given promotion after initiation of the rationalisation process or that the process is over. 4.

Since the respondents have committed themselves to consider the petitioner's case for promotion in accordance with law, keeping in view his seniority position, once the process of rationalisation is over, no cause accrues to him to file the petition at this stage. Therefore, the same cannot be entertained.

5.

Dismissed.

(TRIBHUVAN DAHIYA) JUDGE 16.10.2023 Aw Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No Ashwani Kumar 2023.10.18 10:54 I attest to the accuracy and integrity of this document