RAJ RANI Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The petitioner by way of present writ petition seeks a direction to promote her as Social Studies Mistress w.e.f. 14.7.1995 instead of 9.8.1996 on the ground that respondent No. 3 who was junior to her was promoted.

(2.) The facts which are not in dispute are that the petitioner was initially appointed as J.B.T. Teacher in the Haryana Education Department on ad-hoc basis on 24.8.1983 and her services were regularised as J.B.T. Teacher w.e.f. 1.11.1986. While working as J.B.T. Teacher she passed her B.A. Examination on 19.6.1988 and thereafter passed her B.Ed. Examination from the same University on 14.7.1989. She has also passed her M.A. in the subject of Hindi. The service conditions of the petitioner at that time were governed by the Punjab Educational Service Class- III (School Cadre) Rules, 1955 and she had fulfilled the qualification for appointment as S.S. Mistress and her case for promotion was submitted to the Headmaster, Government Middle School Meharampur (Mohindergarh) and the same was forwarded by the Headmaster vide his letter No. 136/93 dated 6.11.1993 to the office of Sub Divisional Officer, Narnaul for further transmission to the office of the Director, Secondary Education, Haryana, Chandigarh.

(3.) Respondent No. 2 by way of order No. 3/4-95 EII(5) dated 14.4.1995 promoted respondent No. 3 as S.S. Mistress without considering the case of the petitioner for promotion even though she was senior to respondent No. 3. Respondent No. 3 was regularised as J.B.T. Teacher on 30.9.1988. However, she passed her B.Ed. Examination in the year 1989 i.e. prior to the petitioner and on the basis of her having passed B.Ed. Examination she was promoted as S.S. Mistress on 14.7.1995 vide Annexure P.1. The case of the petitioner as set up in the writ petition is that on the date when respondent No. 3 was promoted as S.S. Mistress she was fully eligible to be considered for promotion being senior. However, by ignoring her claim, the respondent authorities promoted her for the reason that she had acquired the professional qualification of B.Ed. prior to the petitioner. Reliance was placed on the Rules for the Haryana State Education School Cadre (Group-C) Services Rules, 1998, to justify the promotion of respondent No. 3, though junior to the petitioner.