DALIP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus for directing the respondents to consider the petitioners for promotion to the post of DPE in terms of the Punjab Educational Service, Class-III School Cadre Rules, 1955 (for short '1955 Rules').

(2.) Facts of the case are in a very narrow compass. All the petitioners are stated to have joined on the post of JBT in the respondent-Department of various Departments between the year 1994 to 1998. Under the 1955 Rules, there was a provision for promotion from the post of JBT to DPE. However, the respondent- State framed the Haryana State Education School Cadre (Group 'C') Service Rules, 1998 and notified the same w.e.f. 12.5.1998 (for short '1998 Rules'). Under the 1998 Rules, the JBT teachers were rendered ineligible for promotion to the post of DPE.

(3.) The short and precise issue raised in the present petition is as to whether the petitioners are entitled to be promoted to the post of DPE against such vacancies which existed during the operation of the 1955 Rules and prior to the promulgation of 1998 Rules.