INDIRA VIJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The short question that arises for consideration in this appeal is whether the appellant, who is a Head of Department in the Applied sciences, was eligible for promotion to the post of Principal of the Engineering Institute under the unamended Rules known as Haryana Technical education Department (Group-A) Service (hereinafter referred to as the 'rules').

(2.) The appellant was appointed as far back in 1975 as a lecturer in English in a Government polytechnic, for Women, Ambala. Subsequently, on 23rd of May, 1983 she was promoted to the next higher post of Head of Department in applied sciences. It is not in dispute that under the Rules no provision existed as regards grant of promotion to the head of the Department of non-technical institution to the post of Principal.

(3.) The appellant with some other persons filed a writ petition No. 16160/1990 in the high Court of Punjab and Haryana. A Division bench of the High Court by reason of a judgment and order 18.3.1991 at the threshold dismissed the same on the ground that the petitioners being belonging to the Engineering side as also being head of the Department thereof can claim for consideration for their promotion on that side. Subsequently a post of Principal in Engineering Institute fell vacant. It appears that the appellant was promoted to the post of Principal on Engineering side.