SURINDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court by filing the present writ petition with a prayer for issuance of a writ of mandamus to the respondents to consider the claim of the petitioner for promotion to the post of Master (Demonstrator in Physical Education) (hereinafter referred to as "Master DPE") with effect from the date his juniors have been promoted and grant him the consequential benefits. It is the contention of the petitioner that the petitioner was appointed as a Physical Training Instructor (for short 'PTI' ) on regular basis vide order dated 20.10.2000 ( Annexure P/1). Promotion from the post of PTI is to the post of Master DPE. This promotion is governed by the Haryana State Education School Cadre (Group-C) Service Rules, 1998. Qualification for promotion to the post of Master DPE is Diploma in Physical Education from a recognized University. Claim of the petitioner for promotion to the post of Master DPE is not being considered on the ground that he has a Bachelor Degree in Physical Education which is higher then that of Diploma in Physical Education. Counsel contends that this issue has been settled by this Court in Multan Singh V. State of Haryana reported as 2004 (4) SCT 45 wherein it has been held that the candidate possessing Bachelor Degree in Physical Education is qualified and eligible for promotion to the post of Master DPE. Reliance has also been placed on a judgment of this Court in CWP 19490 of 2009, Jaswant Singh V. State of Haryana and others decided on 16.9.2010 ( Annexure P/5). Petitioner has served a legal notice dated 12.9.2011 ( Annexure P/7) upon the respondents but no response has been received from them. Counsel for the petitioner contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Commissioner & Director General, School Education Haryana-respondent No. 2, to consider and decide the legal notice dated 12.9.2011 (Annexure P/7) within some specified time.

(2.) Without going into the merits of the case or commenting thereupon, the present writ petition is disposed of with a direction to the Commissioner & Director General, School Education Haryana-respondent No. 2. to consider and decide the legal notice dated 12.9.2011 ( Annexure P/7) within a period of three months from the date of receipt of a certified copy of the order. Decision so taken be conveyed to the petitioner forthwith. In case the petitioner is held entitled to the claim made through the legal notice, the consequential benefits be released to him within a further period of two months.