JAGDISH SINGH DAHIYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has prayed for issue of a writ of mandamus to the respondent to consider his case for promotion to the respondent to consider his case for promotion to the post of Principal and also for issue of a direction to the respondent to promotion (promote) him on that post with effect from the date of promotion of his juniors.

(2.) From the record it is borne out that the petitioner is working as Lecturer in the Education Department of the Government of Haryana. He is a member of the school cadre of the Lecturers (Men's Branch) and his seniority is at serial No.68 in the provisional gradation list issued by the Government of Haryana sometime in the year 1984.

(3.) Grievance of the petitioner is that the persons junior to him have been promoted as Principal vide order (Annexure P-2) dated 13th Oct., 1988 and while passing that order the Government did not consider his case in an objective manner and further that this action of the Government is violative of Articles 14 and 16 of the Constitution of India. The petitioner says that as per the Government instructions issued vide circular dated 9.5.1985 those employees who have 70% good reports during the last 10 years are entitled to be considered for promotion and as he possessed 70% good reports as in the year 1987-88, the respondent could not have denied him promotion to the post of Principal. Further assertion of the petitioner that the remarks entered in his annual confidential reports for the years 1977-78, 1980-81 and 1983-84 were not conveyed to him and, therefore, the same could not have been looked into by the Government while taking a decision about his entitlement to be promoted as Principal.