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2020 Supreme(P&H) 709
IN THE HIGH COURT OF PUNJAB AND HARYANA
Jawant Singh, Sant Parkash, JJ.
Baljinder Singh And Others - Appellant
Versus
State Of Punjab And Others - Respondent
Civil Writ Petition No. 12723 of 2016, 20664 of 2016, 28503 of 2017, 3800 of 2018, 4727 of 2018
Decided On : 28-05-2020
Rajiv Atma Ram, Advocate, Arjun Prata Atma Ram, Advocate, Alka Chatrath, Advocate, Parvesh Saini, Advocate, Gagan Pardeep Singh Bal, Advocate, Madhav Pokhrel, Advocate, Shireesh Gupta, Advocate, Gurminder Singh, Advocate, J.S. Gill, Advocate
The acceptance of terms and conditions of merger, including provisions related to seniority, precludes the challenging of such conditions at a later stage.
Headnote:
Seniority - Elementary Trained Teachers - Punjab Panchayati Raj Primary Teachers (Recruitment and Conditions of Service) Rules 2006, Punjab State Education Class III (Primary Schools Cadre) Service Rules 1997 - Rules for appointment, qualifications, and seniority - Court analyzed the rules governing the appointment, qualifications, and seniority of Elementary Trained Teachers (ETT) and determined that the Petitioners were not entitled to claim seniority based on their earlier service in Zila Parishad. The court held that the Petitioners had accepted the terms and conditions of merger, including the provision that their seniority would be counted from the date of their presence in the Education Department, and therefore, they could not challenge the conditions of merger at a later stage. The court also emphasized that the rules for appointment and seniority for the two cadres were substantially different, and the Petitioners could not claim seniority over the direct appointees in the Education Department.
Fact of the Case:
The Petitioners, Elementary Trained Teachers (ETT), sought quashing of notifications and orders related to the merger of their seniority in the Education Department, Punjab. They claimed seniority based on their service in Zila Parishad and sought promotion against eligible posts in the Master Cadre. The Respondents argued that the Petitioners had accepted the terms of merger and could not challenge them later.
Finding of the Court:
The court found that the Petitioners had accepted the terms and conditions of merger, including the provision that their seniority would be counted from the date of their presence in the Education Department. The court held that the Petitioners were not entitled to claim seniority based on their earlier service in Zila Parishad. The court also emphasized the substantial differences in the rules governing appointment and seniority for the two cadres.
Issues: The determination of seniority on merging employees of similar nomenclature and the consideration of direct appointees versus transferees from another department.
Ratio Decidendi: The court analyzed the rules governing the appointment, qualifications, and seniority of Elementary Trained Teachers (ETT) and determined that the Petitioners were not entitled to claim seniority based on their earlier service in Zila Parishad. The court emphasized the substantial differences in the rules for appointment and seniority for the two cadres and held that the Petitioners had accepted the terms and conditions of merger, precluding them from challenging the conditions at a later stage.
Final Decision: The court dismissed the writ petitions, finding no injustice, illegality, or infirmity in the impugned notification/order.
JUDGMENT
Sant Parkash, J. - This judgment shall dispose of afore-mentioned five (5) writ Petitions as they involve similar facts and similar questions of law.
2. For reference, the facts of Writ Petition bearing no. CWP No.12723 of 2016 are taken up.
3. Through the petition filed under Article 226/227 of the Constitution of India, the Petitioners have sought for issuance of a writ in the nature of Certiorari, praying for quashing of Notification dated 19.09.2014 (Annexure P-15) issued by Respondent Financial Commissioner & Secretary to Govt. of Punjab, Department of Rural Development & Panchayats, and also Order dated 05.10.2014 (Annexure P-16) issued by Respondent No.3 - Director, Public Instructions (Ele. Edu.), Punjab, to the extent that the seniority of Elementary Trained Teachers (ETT) working in 5752 schools (alongwith 13034 sanctioned posts) in Zila Parishads under the Department of Rural Development & Panchayats, Punjab, was merged in Department of Education, Punjab, with effect from the dates of their joining in Education Department in 2014, by forfeiting the services rendered by them from the date of their initial appointments from 2006 to 2011 in the Government Elementary Schools, under Zila Parishads in the State of Punjab.
4. The Petitioners have also sought quashing of Notification dated 03.03.2006 whereby their seniority has been fixed below in the seniority list, taking into account their joining in the Education Department and ignoring the date of their initial appointment in Government Elementary Schools, the management of which, was later transferred to the Department of Rural Development & Panchayats, Punjab and then again absorbed/merged in the Department of Education, Punjab.
5. The Petitioners have further prayed for issuance of a writ in the nature of Mandamus, directing the Respondents to prepare the seniority list of JBT Cadre taking into account their dates of joining as Primary Teachers in the year 2006/2007, as the posts against which they had been working from 2006/2007 to 2011, were earlier in the Department of Education, Punjab but were later transferred to the Department of Rural Development & Panchayats, Punjab vide Notification dated 03.03.2006 for management purposes only and lateron, again merged in the Education Department, Punjab vide Notification dated 19.09.2014 and thereafter, to consider their cases for promotion against the posts for which they are eligible in the Master Cadre.
6. It has been contended by learned counsels for the Petitioners that the Petitioners were transferred from the control of the Rural Development and Panchayats Department, Punjab to the Education Department and the post of ETT teachers already working with the Rural Development and Panchayats Department, Punjab, were merged in the cadre of ETT Teachers working with the Education Department. Grievance of the Petitioners is that they were placed junior to the Respondents and are claiming seniority on the ground that they be given benefit of their services rendered in the Panchayati Raj Institutions by taking into account the date of their initial appointment. The Punjab Government, vide Notification dated 03.03.2006, transferred the Management of 3449 Govt. Primary Schools and 232 Government Primary Schools from Punjab Education Department to the Department of Rural Development and Panchayats. The services rendered by the Petitioners in the schools against the posts transferred from Education Department, Punjab to the Rural Development & Panchayats Department, Punjab for management cannot be obliterated as they had rendered the service under the same Government and especially, even the posts against which they had served from the year 2006 to 2011, originally belong to the Education Department, Punjab but for management purposes, these schools were transferred to the Department of Rural Development & Panchayats, Punjab vide notification dated 03.03.2006 and as such, the action of the respondents in not considerin
