VED PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INSPITE of notice of motion having been issued and two adjournments sought on behalf of the State, no written statement has been filed. Otherwise, on going through the writ petition and the documents accompanying thereto, we are of the view that the present case is fully covered by several decisions of this Court, already made. The question involved in the present case is with respect to grant of selection-grade to the employees (petitioners-teachers), taking into consideration the total strength of the cadre, permanent as well as temporary. This question was decided by Division Bench of this Court in Letters Patent Appeal No. 135 of 1986 State of Punjab v. Hira Lal and Ors. , L. P. A. No. 135 of 1986. decided on January 15, 1990. Special Leave Petition filed against this decision was dismissed by the Supreme Court. Thereafter the Division Bench again granted similar relief in Civil Writ Petition No. 16880 of 1991, Bhan Chand v. State of Punjab and Ors. , C. W. P. No. 16880 of 1991. decided on April 2, 1992, copy of judgment Annexure P-4. The District Education Officer, Sangrur, vide his letter dated November 27, 1992, (Annexure P-6), declined to grant relief to one of the teachers, namely Dharavir, on the ground that there were no instructions to grant selection grade to the non-petitioners indicating that only such persons who had filed writ petitions were to be granted selection grade, as per decision made.

(2.) AFTER hearing counsel for the parties, we are of the view that such like petitions should be treated as "public Interest Litigation" and when directions have been given, which are general in nature i. e. to treat the cadre strength clubbed together of permanent and temporary for the purposes of consideration for grant of selection grades, they were to be implemented in general for all the employees in the State. It was highly arbitrary on the part of the District Education Officer, Sangrur, to say that such like relief could not be granted to other employees, who did not approach this Court. The State should not have compelled its employees to indulge in litigation unnecessarily.

(3.) FOR the reasons recorded above, this petition is allowed with directions to the respondents to consider the case of the petitioners for grant of selection grade clubbing the cadre of temporary and permanent posts. The petitioners would be paid arrears of pay for the period of three years and two months prior to the filing of the writ petition. They would also get costs, which are quantified at Rs. 1,000/ -. Let these directions be complied within a period of three months.