S GURMEET PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of CWP Nos. 4491 and 11011 of 2001. In both the writ petitions, the grievance made is that inspite of being senior to the respondents as Lecturers, the petitioners have been superseded and their juniors have been promoted and posted on the post of Principals. The petitioners in CWP No. 4491 of 2001 had earlier been given current duty charge on the post of Principal which was subsequently withdrawn. All the petitioners have been regularly and permanently appointed on the posts of Lecturers. The service conditions of the petitioners and the private respondents are governed by the Punjab Educational Service (College Cadre) (Class I) Rules (hereinafter referred to as "the 1976 rules ''). The claim of the petitioners for promotion is based on rule 10 of the 1976 rules. Relevant extract of the 1976 rules is reproduced as under : -

(2.) RULE 10(2) lays down that all appointments to the posts by promotion shall be made on the basis of seniority -cum -merit, and no person shall have any right for promotion merely on the basis of seniority . However, the respondents have issued instructions on 29 -12 -2000 for setting up a Department Promotion Committee and for considering the cases of promotion to Class 1 and Class II (now Group A and Group B). In these instructions it is inter alia provided as under: -

(3.) IT is submitted by the learned counsel for the petitioners that the petitioners have to be promoted on the basis of seniority -cum -merit. Under this criteria, seniors would have to be promoted unless they are declared unfit for promotion. Even if the merit of the petitioners is lesser to the private respondents, they cannot be deprived of the promotion on the post of Principal.