Janak Raj Mehrok v. Punjab School Education Board And ORS
CM 8297-8298/2014 in Janak Raj Mehrok v Punjab School Education Board and others AND CM 8306-8307/2014 in Smt.Sukhvider Kaur Saroya v State of Punjab and others ****** Present:- Mr.Shailender Sharma,Advocate for the non-applicant petitioner in CWP 23425/2011 None for the non-applicant/petitioner in CWP 24181/2011 Mr.Suresh Singla,Addl.AG Punjab for State in both the cases.
Mr.Vishal Sharma,Advocate for applicant-Smt.Pavittar Pal Kaur/respondent no.2 in CWP 23425/2011 and respondent no.4 in CWP No. 24181/2011 Mr.GS Bal,Senior Advocate assisted by Mr.ADS Bal,Advocate for Punjab School Education BoardRespondent no.1 in CWP 23425/2011 and Respondents nos. 2 and 3 in CWP No.24181/2011.
******** CM No. 8297 of 2014 in RA No. 368/2014 and CM No. 8306 of 2014 in RA No. 369/2014, filed to place on record copy of the order dated 07.04.2014 passed by Hon'ble the Supreme Court in SLP (Civil) Nos. 34575-34576/2012 as also copy of impugned judgment dated 31.10.2012, subject matter of the present Review Applications,
are allowed and the aforesaid documents are taken on record. CM No. 8298/2014 in RA No. 368/2014 and CM No. 8307/2014 in RA No. 369/2014 have been filed under Section 5 of the Limitation Act seeking condonation of 593 days' delay in filing the aforesaid two Review Applications. No replies to said applications seeking condonation of delay have been filed. For the reasons stated in the applications, cause shown is sufficient. Accordingly CM No. 8298/2014 and CM No. 8307/2014 are allowed and delay of 593 days' in filing the aforesaid Review Applications is condoned.
RA-CW-369 of 2014 and RA-CW-368 of 2014 Janak Raj Mehrok (petitioner in CWP No. 23425 of 2011) and Smt. Sukhwinder Kaur Saroya (petitioner in CWP No. 24181 of 2011) both employed as Deputy Secretaries with Punjab School Education Board (hereinafter referred to as the Board) had filed their respective writ petitions seeking quashing of the order dated 04.11.2011, whereby Smt. Pavittar Pal Kaur (respondent-applicant herein) was temporarily promoted as Joint Secretary with the Board, on the ground that there were criminal cases/disciplinary proceedings pending against her.
In CWP No. 23425 of 2011, an ancillary prayer for
quashing the portion of the amendment made in the statutory rules vide notification dated 02.11.2011, thereby making other officers of the Board working in equivalent capacity with the Board, as the applicant herein, was also challenged on the ground of mala fide. The arguments regarding challenge to the amendment being mala fide or to favour the applicant-respondent herein was rejected and her promotion to the post of Joint Secretary of the Board was found to be legally unsustainable by this Court vide order dated 31.10.2012 while disposing of both the writ petitions. Smt. Pavittar Pal Kaur-applicant has now moved aforesaid Review Applications in both the writ petitions. Learned counsel for the applicant-respondent has submitted that there is an error on the face of record as in para 21 of the order dated 31.10.
2012, under review, wherein even the notification dated 02.11.2011 amending the statutory rules has also been inadvertently set aside while setting aside the promotion order. To substantiate, it is pointed out that in para 15, it has been categorically concluded upon considerations of the argument that there is no mala fide attached to the amendment while upholding the notification.
for ad hoc promotion i.e. in terms of the notification dated 02.11.2011. It is, thus, contended that it is an inadvertent typographical error which needs to be corrected.
Upon notice, counsel for the non-applicants do not contest the aforesaid factual contention.
We also, upon close scrutiny, find that the contention raised on behalf of the applicant deserves acceptance. Accordingly, both the Review Applications are allowed and it is ordered that in para 21 of the judgment dated 31.10.2012, the observation qua setting aside of the notification dated 02.11.2011 would stand deleted and substituted by the words "while upholding the notification dated 02.11.2011" in place of "as well as notification dated 02.11.2011."
A copy of this order be placed on the file of connected Review Application bearing No.RA-CW-368/2014. (Rakesh Kumar Jain) (Jaswant Singh) Judge Judge 05.08.2016.
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