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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NAMIT KUMAR
State of Punjab – Appellant
Versus
Kashmira Singh – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. The instant Regular Second Appeal has been directed by the State of Punjab against the judgments and decrees passed by the courts below whereby the claim of the respondent-plaintiff for grant of selection grade at par with Jodh Singh has been accepted.
2. Parties to the lis hereinafter shall be referred to as per their original position before the learned Trial Court.
3. Briefly stated, the plaintiff filed a suit for mandatory injunction, seeking directions to the State of Punjab and District Education Officer, Hoshiarpur, to grant him selection grade prior to 11.04.1963, on which date, the same was granted to one Pritam Chand, who was at serial No.92 of the seniority list prepared on the basis of re-fixation of his seniority from serial No.89 to serial No.72. The plaintiff was appointed as a regular Drawing Master in the Education Department on 29.12.1961 and was confirmed on the said post on 10.03.1963. Initially, the seniority of teachers was maintained at the Divisional level; however, the same was cancelled on 18.01.1962 and, a fresh seniority list was prepared at District level by adopting the date of joining the cadre as criterion for determining th
Eligibility for Selection Grade is determined by the completion of ten years of service as a Primary Teacher, independent of regularization status.
Seniority in recruitment must align with merit rankings, ensuring fair treatment of candidates based on their performance in a common selection process.
The court held that the petitioner is entitled to the second selection grade based on service counted from the date of initial appointment, affirming the legality of benefits from that date.
Entitlement for appointment on the basis of the originally prepared merit list cannot be denied, and seniority should be assigned based on the placement of candidates in the select list.
Entitlement for appointment based on the originally prepared merit list cannot be denied, and seniority should be assigned as per the inter-se merit of the candidates in the merit list based on commo....
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