LAWS(SC)-1998-2-6

VIMAL KUMARI Vs. STATE OF HARYANA

Decided On February 04, 1998
VIMAL KUMARI Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 25/4/1994 of the High court of Punjab and Haryana by which the writ petition filed by Respondents 3 and 4 challenging the promotion of the present appellant on the post of Superintendent was allowed.

(2.) The appellant was appointed as Tailoring Instructor in 1983. On 31/5/19911, she was promoted to the post of Superintendent. Respondents 5 to 9 were also promoted to that post. Their promotions were challenged by Respondents 3 and 4 on the ground that they being eligible for promotion to the post of Superintendent should also have been considered first and should have been promoted in place of the appellant and Respondents 5 to 9, as they were graduates and were, therefore, eligible for such promotion in terms of the Draft Rules, known as "haryana Social Welfare and Relief Organisation Service Group 'c' Rules, 1983".

(3.) The High court by the impugned judgment accepted the claim of Respondents 3 and 4 and held that Respondents 3 and 4 being graduates and eligible in terms of the Draft Rules ought to have been promoted in place of the appellant and other respondents who were promoted only on ad hoc basis.