Jasbir Singh Vs State of Punjab and Others

High Court Of Punjab And Haryana At Chandigarh 14 Aug 2013 CWP No. 17526 of 2013
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

CWP No. 17526 of 2013

Hon'ble Bench

Tejinder Singh Dhindsa, J

Advocates

Harinder Sharma, for the Appellant;

Final Decision

Disposed Off

Acts Referred

Constitution of India, 1950 — Article 14, 16

Judgement Text

Translate:

Tejinder Singh Dhindsa, J.@mdashThe petitioner who is serving as a Vocational Master under the Punjab School Education Department has filed

the instant writ petition seeking quashing of a common seniority list of Vocational Lecturers/Vocational Masters/Mistresses. Counsel for the

petitioner would contend that such common seniority list does not include members of the general Masters/Mistresses cadre but is limited only to

the Vocational cadre which was created in the year 1989 but brought within the scope and ambit of the Punjab State Education Class III (School

Cadre) Service Rules, 1978 in the light of a notification issued on 08.07.1995. The precise submission raised by the counsel is that the Vocational

Lecturers/Vocational Masters/Mistress so appointed belong to different trades/vocations and even the qualifications prescribed qua each of them

would be different depending on the trade. Even though under Rule 11 of the statutory Rules, 1978, the merit assigned by the Recruiting Agency at

the time of initial appointment is a determining factor for seniority, counsel would argue that in the light of the fact that qualifications/trades are

different for Vocational Lecturers/Vocational Masters/Mistresses, such employees cannot be borne and reflected on a common seniority list. It is

contended that such action of furnishing a common seniority list would be unjust arbitrary and violative of Articles 14 & 16 of the Constitution of

India.

2. At this stage, counsel further submits that even a representation raising such grievance as also reminders have been submitted by the petitioner

but the same have not evoked any response and he would be satisfied if the present writ petition was to be disposed of with a direction to

respondent-authorities to respond to the same and to furnish reasons in support of having framed a common seniority list for Vocational

Lecturers/Vocational Masters/Mistresses.

3. I find such submission to be fair and reasonable. Accordingly, the present writ petition is disposed of with a direction to respondents No. 1 & 2

to consider the grievance of the petitioner and to take a final decision on the legal notice dated 30.04.2012 (Annexure P-8) strictly in accordance

with law and by passing a speaking order within a period of six months from the date of receipt of a certified copy of this order. Disposed of.

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