NEELAM KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is for issuance of a writ of mandamus directing Director Public Instructions (Secondary Education), Punjab, respondent No.2 to determine the seniority of the petitioner as per Rule 11 of the Punjab State Education Class III (School Cadre), Service Rules, according to which the merit determined by the recruiting agency shall not be disturbed irrespective of the date of appointment/joining of the employee provided the candidate joins within the time specified or the extended time. It is asserted by the petitioner that the respondents have fixed the seniority list for the post of Master cadre from the date of joining of the candidates and has not taken into consideration the merit taken by the recruiting agency. Claim of the petitioner is stated to be covered by the judgment passed by this Court in CWP No. 19832 of 2003 titled Charan Dass Sharma vs. State of Punjab and others decided on 9.7.2004. Reliance has also been placed upon the instructions dated 26.9.2012 (Annexure P-3) issued by the Director Public Instructions (Secondary Education), Punjab, respondent No.2, which is for complying with the judgment of this Court in Charan Dass Sharma's case (supra). Claiming the said benefit petitioner has submitted a representation dated 22.12.2012 (Annexure P-5) to Director Public Instructions (Secondary Education), Punjab-respondent No.2 , which has till date not been considered and decided by the said respondents.

(2.) IN view of the above, as has been stated in the writ petition, present writ petition is disposed of with directions to Director Public Instructions (Secondary Education), Punjab-respondent No.2 to consider and decide the representation of the petitioner dated 22.12.2012 (Annexure P-5) within a period of four months from the date of receipt of certified copy of the order.