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PUNJAB & HARYANA HIGH COURT
Shamsher Bahadur, J.
Rajinder Singh Chaudary
Versus
State Of Punjab
Civil Writ No. 2838 of 1965,
Decided On : OCTOBER 19, 1966
EDUCATION - Punjab Educational Service Class III - Conversion of posts - Recruitment of teachers - Validity - Punjab Educational State Service, Class III School Cadre Rules, 1955, Rules 6, 7, 9 - Punjab Government notification No. 31070-EI., dated 30th of May, 1957.
Fact of the Case:
Petitioners, teachers of Government Higher Secondary Schools, challenged the appointments made in Punjab Educational Service Class III, alleging violation of statutory rules, discrimination, and breach of seniority rules.
Finding of the Court:
The court held that the conversion of posts and recruitment of teachers were valid and did not violate any statutory rules. The court found that the petitioners were not discriminated against and that the seniority rules were not breached.
Issues: 1. Whether the conversion of posts and recruitment of teachers violated statutory rules? 2. Whether the petitioners were discriminated against? 3. Whether the seniority rules were breached?
Ratio Decidendi: 1. The court held that the conversion of posts and recruitment of teachers were valid and did not violate any statutory rules. The court found that the Government had the power to revise the cadre and that the appointments were made in accordance with the rules. 2. The court found that the petitioners were not discriminated against. The court held that the petitioners had the opportunity to apply for the posts and that they were not selected because they did not meet the qualifications. 3. The court held that the seniority rules were not breached. The court found that the conversion of posts did not result in automatic promotion and that the existing seniority rule remained intact.
Final Decision: The petition was dismissed.
Shamsher Bahadur, J.
1. This is a writ petition under Article 226 of the Constitution at the instance of five teachers of Government Higher Secondary Schools - Rajinder Singh Chaudary, Balram Krishan Chaudary, Bal Krishan Sharma, Madan Mohan Sharma and Amritkrishan Gopal - to challenge a number of appointments made in Punjab Educational Service Class III. The respondents, originally impleaded in this petition, were - (1) The State of Punjab, (2) the Director of Public Instruction, Punjab (3) The Punjab Public Service Commission, and (4) the Education Minister, Punjab, Jagir Singh Grewal was subsequently impleaded as respondent 5, being a person appointed to one of the many posts which are sought to be impugned.
2. To appreciate the grievance of the petitioners, reference may first be made to the Punjab Educational State Service, Class III School Cadre Rules, 1955, framed under Punjab Government notification No. 31070-EI., dated 30th of May, 1957. While Part II of the Rules relates to appointments in the service, Part III is concerned with Conditions of Service. Rule 6 is the first one under Part III and is in these words -
"Number and Character of posts. The service shall comprise the posts shown in Appendix A, but the Government reserves to itself full powers to revise the cadre (as shown in Appendix A) of the Service at any time".
Rule 7 relates to Method of recruitment and under it.
7.(i) Posts in the Service shall be filled. (a) by direct appointment, or
(b) by transfer of an official from other services or posts of Government in the Education Department of any Government in India, or
(c) by promotion from lower grades in the service.
(ii) When a vacancy occurs likely to occur in the service the appointing authority specified in rule 3 shall determine in what manner such vacancy will be filled.
(iii) Appointment to any post by promotion of officials already in the service or by transfer from other services within the Education Department of Government or other departments of any State or Central Government shall be made strictly by selection based on consideration such as qualifications and or consistent good record for a number of years and no official shall have any claim to such appointment as of right".
The authority, to which reference is made in Rule 7, is defined in Rule 3 thus -
"All appointments to posts in the Service shall be made by the Director, except that Divisional Inspector or Inspectresses of Schools or the Principles of Government Colleges may make any temporary or officiating appointment to a post other than that of the Headmaster or Headmistress or an Assistant District Inspector of Schools, Assistant District Inspectress or District Inspectress of Schools, i.e., for a period not exceedings three months at any one time".
Rule 9 relates seniority of members of the Service. Primarily, it is to be determined by the dates of confirmations in such posts. Appendix A to which reference is made in Part III, is headed as "Punjab Educational Service, Non-Gazetted (Class III) B(i)(ii) School Cadre" giving details of the sanctioned posts as under :-
No. of sanctioned posts Permanent Temporary. Scale of pay. Designation of Posts.
(i) 72 1 (a) Mens Branch 250-10-350. Head Masters. .... .... 250-10-350. Masters, Science Masters, Agriculture Masters, Clerical and Commercial Masters and Assistant District Inspector of Schools.
(ii) 495 22 110-8-190-10-250 (with a start pf Rs. 126 to M.A./M.Sc./M.Ed.(III), B.T. and Rs. 150 to M.A./M.Sc./M.Ed., (II) B.T., and Rs. 150 to M.A./A.Sc./M.Ed.(II) B.T. Second Masters, Masters, Physical Training Masters, Assistant District Inspector of Schools, Agriculture Masters and Clerical and Commercial Masters and Science Masters.
(iii) 9 2 90-5-150. B.A., D.P.E., B.A. Senior Basic Trained.
(iv) 82 ... 140-10-220
(v) 200 1 105-7-140 Teachers Sanskrit.
(vi) 71 ... 70-3-80/4-120 (for Shastries only) Teachers, Punjabi Teachers, Drawing Teachers, Paysical.
(vii) 225 .... 50-3-80/4-100
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