ORDER
No. 4/6-2013 HRG-II (1) Dated: Panchkula, the 23.7.2013
Shri Surender Kumar etc. had filed the civil writ petition No.15655
of 2012 titled as Surender Kumar and others Versus State of Haryana and
others in the Hon'ble Punjab and Haryana High Court which was
disposed of vide order dated 16.8.2012 with the following directions :-
"Without going into the merits of the case or commenting thereon,
the present writ petition is disposed of with direction to the Director,
Secondary Education Department , Haryana-respondent No. 2 to consider
and decide the legal notice dated
27.2..2012 (Annexure P-12) within a period of two months from the date of receipt of certified copy of this order. The decision, so taken thereon, be conveyed to the petitioners forthwith." That in compliance of the aforesaid directions of the Hon'ble Court, legal notice of the petitioner, annexure P-12, has been considered and it was found that prior to amendment of the Rules, the post of Headmaster, High School was being governed by the statutory rules called the Haryana State Education (School and Inspection Cadre) (Group B) Service Rules, 1998. As per rule 9 (d) (ii) of the said rules, 7% posts of Headmaster, High School were to be filled up by way of promotion from Sanskrit Teachers. All the promotions were to be made on the basis of senioritycum- merit. The qualifications and experience prescribed for promotion as Headmaster was as under:- "B.T./B.Ed. and eight years experience as Sanskrit Teachers /Hindi/ Teacher or Punjabi Teacher." There are two sets of Sanskrit Teachers working in the School Education Department, Haryana:- those who have passed B.A. with B.T./B.Ed. or equivalent examination; and those who have not passed B.A. examination but have qualification equivalent to B.Ed. That in the year 1999, the department had taken a decision that the degrees/diplomas of which equivalency has been determined by the State Universities will be considered as equivalent by the Department also. Since Kurukshetra University, Kurukshetra and Maharishi Dayanand University, Rohtak have declared the qualification of O.T. /LTC/Shiksha Shastri after passing Shastri examination equivalent to B.Ed. Thus, the same is also treated recognized by the Department as such. Whereas earlier, only the Sanskrit teachers having the qualifications of B.A. with B.T./B.Ed. were being considered eligible for promotion to the posts of Headmasters and those Sanskrit teachers who were having the qualification of Shastri with O.T. /LTC/Shiksha Shastri without passing B.A. examination were not being considered eligible for promotion as Headmasters. Some of the Sanskrit Teachers working in the Education Department, Haryana had filed civil writ petition No. 16674 of 2006, 10756 of 2006, 5904 of 2007, 5906 of 2007, 15977 of 2007 and 521 of 2008 claiming promotion to the post of Headmasters of High School which were decided by the Hon'ble Court vide judgment dated 03.3.2008. The relevant extracts of the order are as under:- "In view of facts, mentioned above, we allow these writ petitions and direct the respondents to consider the petitioners and all other Sanskrit Teachers working in respondent — Department, who possess qualifications equivalent to B.T./B.Ed. and have the requisite experience as per rules but they may not possess qualification of B.A. with Sanskrit as one of the subjects, as eligible for promotion to the posts of Headmaster, High School. Furthermore, it is made clear that if any junior person to the petitioners in the cadre has been promoted as Headmaster earlier, relief be granted to the petitioners also from that date. However, as per undertaking given by their counsel, they shall not be entitled to get any actual financial benefit, only deemed/notional benefits be given to them. This be done in the case of other employees also. Needful be done within a period of two months from the date of receipt of copy of this order." That aggrieved from this order of the Hon'ble High Court, some of the candidates having qualifications of B.A. and B.Ed. filed Special Leave Petition before the Hon'ble Supreme Court of India. The Hon'ble Supreme Court, in Special Leave Petition (C) No. 5453-5459 of 2009 titled as Sh. Bhanwar Singh and others V/s Bahadur Singh and others passed the order dated 23.09.2011, the operative portion whereof is reproduced here under:- "In our view, the impugned orders do not suffer from any legal infirmity requiring interference under Article 136 of the Constitution, but, at the same time, we were convinced that the High Court was not justified in giving a general direction for consideration of the cases of all other Sanskrit Teachers working in the Education Department, who possess qualification equivalent to B.T./B.Ed. for promotion to the post of Headmaster, High School. The special leave petitions are accordingly disposed of in the following terms: The directions given by the High Court for consideration of the cases of the writ petitioners for promotion to the post of Headmaster, High School is confirmed.(ii) The omnibus direction was given by the High Court for consideration of the cases of all other Sanskrit Teachers working in the department, who possess qualification equivalent to B.T./B.Ed. and have the requisite experience for promotion to the post of Headmaster, High School is set aside. However, it is made clear that this order shall not preclude other persons claiming to be eligible for promotion to the post of Headmaster, High School to seek appropriate remedy." That by virtue of the order dated 03.03.2008 passed by the Hon'ble High Court and upheld by the Hon'ble Supreme Court of India, all the Sanskrit Teachers have become eligible for promotion to the post of Headmasters and as per court directions their claim for promotion as Headmasters is required to be considered along with those who were earlier promoted though junior to the petitioners. Consequently, the Sanskrit Teachers having the qualification of B.Ed. with B.A. and were promoted as Headmasters, though junior to the petitioners were liable to be reverted. That at present, there are 1539 sanctioned posts of Headmasters, High School in Education Department, Haryana and the number of 7% posts meant for promotion quota of Sanskrit teachers under the' Haryana State Education (School and Inspection Cadre) (Group B) Service Rules, 1998' comes to 108 posts. At this stage, 104 persons already promoted from the Sanskrit teachers are working as Headmasters or Principals. Out of said 104 Headmasters/ Principals, 75 persons are those who are junior to the petitioners and who were appointed as Sanskrit teachers on regular basis after 16.9.1982. They were earlier promoted as Headmasters or Principals but they do not fall within the earmarked 7% quota reserved for Sanskrit teachers are liable to be reverted. Now in compliance of the Court verdict , the claim of petitioners have been considered and those who were eligible have been promoted. As a consequence thereof 55 Principals and 20 Headmasters have been reverted to their original posts of Sanskrit teachers vide order No.4/5-2013 HRG-II(1) dated 23.7.2013. The remaining 29 Headmasters are those who were appointed as Sanskrit teachers on regular basis on or prior to 16.9.1982 and these persons are entitled to hold the posts of Headmasters as per their seniority. Thus, at present, 04 clear cut vacancies of Headmasters meant for promotion quota of Sanskrit teachers are available and after reversion of 75 persons whose services as Sanskrit teachers were regularized after 16.9.1982 and who were earlier promoted as Headmasters or Principals, hence 79 (75+4) posts of Headmasters meant for Sanskrit teachers quota become vacant. Out of said 79 posts of Headmasters, 56 posts have been filled up by promotion from the Sanskrit teachers who were appointed on regular basis on or prior to 16.9.1982 and 23 posts have been kept reserved for those eligible Sanskrit teachers who were appointed on regular basis on or prior to 16.9.1982 but for want of their service record could not be promoted. Thus, all 108 posts of Headmasters meant for promotion quota for Sanskrit Teachers as on 10.4.2012 stand filled up. The Haryana State Education (School and Inspection Cadre) (Group B) Service Rules, 1998 under which 7% posts of Headmasters were to be filled up by promotion from the Sanskrit teachers have been repealed by enforcing the Haryana State Education School Cadre (Group B) Service Rules, 2012, notified on 11.4.2012, according to which 100% posts of Headmasters, High School are to be filled up by promotion from amongst Elementary School Headmasters/ TGTs. Thus, there remains no quota for promotion as Headmaster, High School from amongst Sanskrit teachers after 10.4.2012. It is also pointed out that 20 persons are those whose services as Sanskrit teachers were regularized after 16.9.1982 and were promoted as Headmasters in compliance of the orders of Hon'ble Supreme Court of India in Special Leave Petition No.5453-5459 of 2009 titled as Bhanwar Singh and others Versus Bahadur Singh and others passed on 23.9.2011. On re-consideration of the matter, it has been found that the Hon'ble Supreme Court had issued direction only to consider the case of the petitioner for promotion but they were promoted inadvertently though junior to other eligible Sanskrit teachers. Out of said 20 petitioners, 18 persons were appointed as Sanskrit teachers on regular basis with effect from 01.11.1986 and 02 persons were appointed as Sanskrit teachers on regular basis with effect from 30.9.1988. After reversion of 55 Principals and 20 Headmasters/ Principals vide order No.4/5-2013 HRG-II(1) dated 23.7.2013 who were appointed as Sanskrit teachers on regular basis after 16.9.1982, including said 20 petitioners, even a single person junior to the said petitioners has not been retained as Headmaster or Principal and as such, they were also liable to be reverted.
The factual position relating to the petitioners is as under:- http://www.schooleducationharyana.gov.in/downloads_pdf/daily_orders/T15102013.pdf
27.2..2012 (Annexure P-12) within a period of two months from the date of receipt of certified copy of this order. The decision, so taken thereon, be conveyed to the petitioners forthwith." That in compliance of the aforesaid directions of the Hon'ble Court, legal notice of the petitioner, annexure P-12, has been considered and it was found that prior to amendment of the Rules, the post of Headmaster, High School was being governed by the statutory rules called the Haryana State Education (School and Inspection Cadre) (Group B) Service Rules, 1998. As per rule 9 (d) (ii) of the said rules, 7% posts of Headmaster, High School were to be filled up by way of promotion from Sanskrit Teachers. All the promotions were to be made on the basis of senioritycum- merit. The qualifications and experience prescribed for promotion as Headmaster was as under:- "B.T./B.Ed. and eight years experience as Sanskrit Teachers /Hindi/ Teacher or Punjabi Teacher." There are two sets of Sanskrit Teachers working in the School Education Department, Haryana:- those who have passed B.A. with B.T./B.Ed. or equivalent examination; and those who have not passed B.A. examination but have qualification equivalent to B.Ed. That in the year 1999, the department had taken a decision that the degrees/diplomas of which equivalency has been determined by the State Universities will be considered as equivalent by the Department also. Since Kurukshetra University, Kurukshetra and Maharishi Dayanand University, Rohtak have declared the qualification of O.T. /LTC/Shiksha Shastri after passing Shastri examination equivalent to B.Ed. Thus, the same is also treated recognized by the Department as such. Whereas earlier, only the Sanskrit teachers having the qualifications of B.A. with B.T./B.Ed. were being considered eligible for promotion to the posts of Headmasters and those Sanskrit teachers who were having the qualification of Shastri with O.T. /LTC/Shiksha Shastri without passing B.A. examination were not being considered eligible for promotion as Headmasters. Some of the Sanskrit Teachers working in the Education Department, Haryana had filed civil writ petition No. 16674 of 2006, 10756 of 2006, 5904 of 2007, 5906 of 2007, 15977 of 2007 and 521 of 2008 claiming promotion to the post of Headmasters of High School which were decided by the Hon'ble Court vide judgment dated 03.3.2008. The relevant extracts of the order are as under:- "In view of facts, mentioned above, we allow these writ petitions and direct the respondents to consider the petitioners and all other Sanskrit Teachers working in respondent — Department, who possess qualifications equivalent to B.T./B.Ed. and have the requisite experience as per rules but they may not possess qualification of B.A. with Sanskrit as one of the subjects, as eligible for promotion to the posts of Headmaster, High School. Furthermore, it is made clear that if any junior person to the petitioners in the cadre has been promoted as Headmaster earlier, relief be granted to the petitioners also from that date. However, as per undertaking given by their counsel, they shall not be entitled to get any actual financial benefit, only deemed/notional benefits be given to them. This be done in the case of other employees also. Needful be done within a period of two months from the date of receipt of copy of this order." That aggrieved from this order of the Hon'ble High Court, some of the candidates having qualifications of B.A. and B.Ed. filed Special Leave Petition before the Hon'ble Supreme Court of India. The Hon'ble Supreme Court, in Special Leave Petition (C) No. 5453-5459 of 2009 titled as Sh. Bhanwar Singh and others V/s Bahadur Singh and others passed the order dated 23.09.2011, the operative portion whereof is reproduced here under:- "In our view, the impugned orders do not suffer from any legal infirmity requiring interference under Article 136 of the Constitution, but, at the same time, we were convinced that the High Court was not justified in giving a general direction for consideration of the cases of all other Sanskrit Teachers working in the Education Department, who possess qualification equivalent to B.T./B.Ed. for promotion to the post of Headmaster, High School. The special leave petitions are accordingly disposed of in the following terms: The directions given by the High Court for consideration of the cases of the writ petitioners for promotion to the post of Headmaster, High School is confirmed.(ii) The omnibus direction was given by the High Court for consideration of the cases of all other Sanskrit Teachers working in the department, who possess qualification equivalent to B.T./B.Ed. and have the requisite experience for promotion to the post of Headmaster, High School is set aside. However, it is made clear that this order shall not preclude other persons claiming to be eligible for promotion to the post of Headmaster, High School to seek appropriate remedy." That by virtue of the order dated 03.03.2008 passed by the Hon'ble High Court and upheld by the Hon'ble Supreme Court of India, all the Sanskrit Teachers have become eligible for promotion to the post of Headmasters and as per court directions their claim for promotion as Headmasters is required to be considered along with those who were earlier promoted though junior to the petitioners. Consequently, the Sanskrit Teachers having the qualification of B.Ed. with B.A. and were promoted as Headmasters, though junior to the petitioners were liable to be reverted. That at present, there are 1539 sanctioned posts of Headmasters, High School in Education Department, Haryana and the number of 7% posts meant for promotion quota of Sanskrit teachers under the' Haryana State Education (School and Inspection Cadre) (Group B) Service Rules, 1998' comes to 108 posts. At this stage, 104 persons already promoted from the Sanskrit teachers are working as Headmasters or Principals. Out of said 104 Headmasters/ Principals, 75 persons are those who are junior to the petitioners and who were appointed as Sanskrit teachers on regular basis after 16.9.1982. They were earlier promoted as Headmasters or Principals but they do not fall within the earmarked 7% quota reserved for Sanskrit teachers are liable to be reverted. Now in compliance of the Court verdict , the claim of petitioners have been considered and those who were eligible have been promoted. As a consequence thereof 55 Principals and 20 Headmasters have been reverted to their original posts of Sanskrit teachers vide order No.4/5-2013 HRG-II(1) dated 23.7.2013. The remaining 29 Headmasters are those who were appointed as Sanskrit teachers on regular basis on or prior to 16.9.1982 and these persons are entitled to hold the posts of Headmasters as per their seniority. Thus, at present, 04 clear cut vacancies of Headmasters meant for promotion quota of Sanskrit teachers are available and after reversion of 75 persons whose services as Sanskrit teachers were regularized after 16.9.1982 and who were earlier promoted as Headmasters or Principals, hence 79 (75+4) posts of Headmasters meant for Sanskrit teachers quota become vacant. Out of said 79 posts of Headmasters, 56 posts have been filled up by promotion from the Sanskrit teachers who were appointed on regular basis on or prior to 16.9.1982 and 23 posts have been kept reserved for those eligible Sanskrit teachers who were appointed on regular basis on or prior to 16.9.1982 but for want of their service record could not be promoted. Thus, all 108 posts of Headmasters meant for promotion quota for Sanskrit Teachers as on 10.4.2012 stand filled up. The Haryana State Education (School and Inspection Cadre) (Group B) Service Rules, 1998 under which 7% posts of Headmasters were to be filled up by promotion from the Sanskrit teachers have been repealed by enforcing the Haryana State Education School Cadre (Group B) Service Rules, 2012, notified on 11.4.2012, according to which 100% posts of Headmasters, High School are to be filled up by promotion from amongst Elementary School Headmasters/ TGTs. Thus, there remains no quota for promotion as Headmaster, High School from amongst Sanskrit teachers after 10.4.2012. It is also pointed out that 20 persons are those whose services as Sanskrit teachers were regularized after 16.9.1982 and were promoted as Headmasters in compliance of the orders of Hon'ble Supreme Court of India in Special Leave Petition No.5453-5459 of 2009 titled as Bhanwar Singh and others Versus Bahadur Singh and others passed on 23.9.2011. On re-consideration of the matter, it has been found that the Hon'ble Supreme Court had issued direction only to consider the case of the petitioner for promotion but they were promoted inadvertently though junior to other eligible Sanskrit teachers. Out of said 20 petitioners, 18 persons were appointed as Sanskrit teachers on regular basis with effect from 01.11.1986 and 02 persons were appointed as Sanskrit teachers on regular basis with effect from 30.9.1988. After reversion of 55 Principals and 20 Headmasters/ Principals vide order No.4/5-2013 HRG-II(1) dated 23.7.2013 who were appointed as Sanskrit teachers on regular basis after 16.9.1982, including said 20 petitioners, even a single person junior to the said petitioners has not been retained as Headmaster or Principal and as such, they were also liable to be reverted.
The factual position relating to the petitioners is as under:- http://www.schooleducationharyana.gov.in/downloads_pdf/daily_orders/T15102013.pdf
No comments:
Post a Comment