DHARAM CHAND SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a peon in the Education Department who had entered service when he was not even a Matriculate but has passed B.A. and B.Ed. examinations during the course of his service seeks consideration for the post of a Social Studies Master in the Punjab Education Service Class III. His efforts to persuade the Government having failed, he has filed the present writ petition.

(2.) The petitioner was appointed as a peon in the Department of Education on April 28, 1975. At that time, he had not even passed the Matriculation examination. He worked hard and passed the Matriculation, the B.A. and then in the year 1985, the B.Ed. examination. He claims to be the only class-IV employee throughout the State of Punjab who has acquired the qualification of B.A. B.Ed.

(3.) The State of Punjab has issued instructions from time to time for the suitable avenues of promotion to the class-IV employees. The first of these instructions were issued vide letter of April 25, 1972 making the class-IV employees eligible for promotion to class-II posts. However, since these instructions were not being properly followed, the petitioner along with certain other persons filed C.W.P. No. 4242 of 1986 claiming a right to be considered against the newly sanctioned 338 posts of Laboratory Attendants against the quota of 10 per cent which had been reserved for the class-IV employees. In the written statement filed in that writ petition, it was, inter alia, stated that on account of the ban on fresh recruitment, no appointments against the newly sanctioned 338 posts of Laboratory Attendants has been made. It was further averred that the "petitioners will be considered" according to 10 per cent quota. On this basis, the writ petition was dismissed as premature vide orders dated December 10, 1986. The petitioner avers that after acquiring the B.A. B.Ed. degrees, he made a representation to the District Education Officer, Hoashiarpur that he be considered for the post of Social Studies Master which is a class-III post. It is claimed that the District Education Officer recommended the case of the petitioner. Thereafter, vide letter dated April 15, 1987 the Director of Public Instructions (Schools), Punjab recommended the case of the petitioner and sought the approval of the State Government for promotion the petitioner to the post of Social Studies Master. A copy of this letter has been placed on record as Annexure P-4. In December 1987 the petitioner was informed vide letter dated July 27, 1987 that the instructions contemplated promotion of class-IV employees to the posts of clerks only and the employee could not be promoted to the post of Master. Copy of this order is at Annexure P-6. Aggrieved by this order, the petitioner has approached this Court through the present petition.