BINDU URMIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the instant writ petition is to the order dated 22.7.2011 (Annexure P-10) passed by the D.E.O., Panipat, whereby the claim of the petitioner seeking consideration for promotion to the post of Sanskrit Teacher, has been rejected. The other prayer is for the issuance of a Writ in the nature of Mandamus for directing the respondents to promote the petitioner to the post of Sanskrit Teacher with effect from the date private respondent no.5 has been so promoted.

(2.) THE brief facts of the case are that the petitioner joined as J.B.T Teacher on 20.2.1999. The petitioner has passed her B.A Examination from the Kurukshetra University, Kurukshetra in April, 1999 with Sanskrit as an elective subject. Thereafter, in April, 2006 the petitioner also qualified the Prabhakar Examination from Kurukshetra University, Kurukshetra. It has been pleaded that the petitioner had submitted repeated representations to consider her case for promotion as Sanskrit Teacher but since no response was forthcoming, she was constrained to file CWP No. 22980 of 2010, which was disposed of by this Court vide order dated 22.12.2010 directing the respondents to consider and to take a final decision on her representation. It is against such factual backdrop that the impugned order dated 22.7.2011 has been passed holding the petitioner to be not eligible for promotion to the post of Sanskrit Teacher under the statutory service rules.

(3.) THE claim of the petitioner as regards promotion to the post of Sanskrit Teacher would require examination in the light of the statutory rules namely the Haryana State Education School Cadre (Group C) Service Rules, 1998. Under these rules the post of Sanskrit Teacher is to be filled up 25% by way of promotion from amongst the J.B.T Teachers and C&V Teachers and 75% by direct recruitment. Yet another mode of appointment has also been recognized i.e. filling up vacancies by way of transfer or deputation of an official already in service of any State Govt. or Govt. of India. The petitioner is claiming promotion to the post of Sanskrit Teacher against the 25% quota meant for promotees from the cadre of J.B.T Teachers. The essential/requisite qualifications in the light of Rule 7 read with Appendix 'B' for promotion to the post of Sanskrit Teacher would be relevant and the same would read as follows:- <FRM>JUDGEMENT_671_TLP&H0_2013.htm</FRM>