Mala Sood And Others v. Kamal Kishor Yadav, Ps, Dept. Of School Education, Mini Sectt. And Others

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 25.08.2025 Mala Sood ......Petitioner Vs.

Sh. Kamal Kishor Yadav and another ......Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present :

Mr. Vikas Chatrath, Advocate, for the petitioner.

Mr. Animesh Sharma, Addl. A.G., Punjab, for the respondents.

**** SUDEEPTI SHARMA J. (ORAL) 1.

The present contempt petition has been filed for deliberate and intentional disobedience of order dated 15.02.2023 passed by the Co-ordinate Bench of this Court in CWP-28738-2019 titled as ' Mala Sood and others Vs. State of Punjab and another', which was decided along with CWP-28434-2019 titled as 'Harbhajan Singh and others Vs. State of Punjab and others' on the even date i.e. 15.02.2023. 2.

The Co-ordinate Bench of this Court had issued the following directions, vide its order dated 15.02.2023, in CWP-28434-2019:- "30. The State Government is directed to prepare a fresh seniority list in accordance with the 1978 Rules within a period of 6 months from the date of receipt of a certified copy of this judgment after giving all the affected candidates an opportunity of hearing and filing

-2objections. Moreover, since this batch of writ petitions has been decided without giving hearing to all the affected masters, they shall have liberty to file applications for recall."

3.

In compliance of the order dated 15.02.2023, reply by way of affidavit dated 24.10.2024 of Paramjit Singh, Director, Department of School Education (Secondary), Punjab, SAS Nagar, has been filed on behalf of respondent No.2, which is taken on record. The relevant portion of the said reply is reproduced as under:- "4. That it is submitted that the Hon'ble High Court has quashed the criteria in the seniority list dated 19.06.2019 and in order to comply the decision, it is pertinent to mention here that only parameters imposed on the details recorded in the old seniority were quashed and the name of the employees and their appointment details will remain unchanged.

5.

That it is submitted that by using the source data of old quashed seniority, the department uploaded the tentative seniority list on dated 07.07.2023 because the name of the employees and their appointment details will remain the same and they will be added as per seniority criteria only after verification.

6.

That it is further submitted that the department has sought all the relevant service particulars of working employees/retirees from the Head of Institutions, have been received in order to re-caste the seniority list of Master Cadre. After receiving the service particulars department issued a Draft Seniority followed by an Amended Draft Seniority from time to time. Thereafter, objections were incorporated in the list and the Provisional master cadre seniority issued on department website vide orders dated 29-05-2024 (Annexure R-1). With reference to the provisional seniority list issued on 29.05.2024, the department received representations from some of the master cadre employees requesting rectification to their service details and correcting their elevation based on their service details. Upon examining the objections, representations as well as supporting

-3documents, the necessary amendments in the master cadre seniority list have been done and being made public by uploading it on department's website www.ssapunjab.org on 05.08.2024."

4.

Learned counsel for the respondents contends that in compliance of order dated 15.02.2023 passed by learned Single Bench, Director, Department of School Education (Secondary), Punjab, SAS Nagar, has passed a speaking order dated 29.05.2024. The said order dated 29.05.2024 is taken on record and a copy thereof has been supplied to the learned counsel for the petitioner, who does not dispute the same. 5.

In view of the above, the present contempt is purged and rule is discharged. Needless to say that if the petitioner is aggrieved with the order dated 29.05.2024 passed by Director, Department of School Education (Secondary), Punjab, SAS Nagar, she can avail the remedy as is available to her, in accordance with law.

6.

Pending application(s), if any, also stand disposed of. (SUDEEPTI SHARMA) JUDGE 25.08.2025 Virender Whether speaking/non-speaking : Yes Whether reportable : Yes/No