STATE OF HARYANA Vs. SANDEEP SINGH

JUDGEMENT

(1.) The challenge in the present appeal is to an order dated 03.12.2014 passed by the Division Bench of High Court of Punjab and Haryana in an intra court appeal under Clause X of the Letters Patent.

(2.) The grievance of the respondents (hereinafter referred to as "writ petitioners") in the writ petition filed under Article 226 of the Constitution is that the post of Drawing Teacher had been converted to Trained Graduate Teacher (TGT) under Rule 9(5) of the Haryana School Education (Group C) State Cadre Service Rules, 2012 (2012 Rules). Two juniors to the writ petitioners have been promoted as Elementary School Headmasters, therefore, the writ petitioners are also entitled to get promoted from the day their juniors were promoted.

(3.) The contention of the writ petitioners is that they possess senior secondary qualification with 2 years Diploma in Art and Craft and that they also possess qualification of B.A. and B.Ed. Initially, services of the writ petitioners were governed by Haryana State Education School Cadre (Group C) Service Rules, 1998 (1998 Rules) which have since been replaced by the 2012 Rules. In terms of Rule 9 (5) of 2012 Rules, the Classical and Vernacular (C&V) Cadre Teachers, such as the writ petitioners, are deemed to be converted to TGT in the relevant subject though no further recruitment shall be conducted to these categories of C&V Teachers. The contention of the writ petitioners is that they fulfill the qualification prescribed for the post of Elementary School Headmaster, therefore, they are entitled to be considered for promotion to the said post based upon seniority in terms of Rule 11 of 2012 Rules.