MAHENDER SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) These three petitions being C. W.P. Nos. 8575, 8588 & 9081 of 2013, involving similar questions of fact and law, were taken up for hearing together and are being disposed of by this common judgment. For the sake of convenience, facts are being extracted from C. W.P. No. 8575 of 2013.

(2.) On 19.08.1993, the petitioner was appointed as a Science Master. The service and further promotion of the petitioner from the post of Science Master to the post of Lecturer was governed by the Haryana State Education Lecturer School Cadre (Group -C) Service Rules, 1998 (hereinafter referred to as - the 1998 Rules). The petitioner's case for further promotion as Lecturer, on his possessing the prescribed qualifications under the 1998 Rules, was recommended on 30.07.2009. However, since the Government was already contemplating amendment to the 1998 Rules, the promotion case of the petitioner was never considered and before it could actually be considered, the State replaced the 1998 Rules by the Haryana State Education School Cadre (Group -B) Service Rules, 2012 (hereinafter referred to as - the 2012 Rules), which would now govern promotion from the post of Science Master to the post of Post Graduate Teacher (PGT) instead of Lecturer.

(3.) Relying on the law laid down by the Apex Court in the case of Y.V. Rangaiah and others vs. J. Sreenivasa Rao and others - : AIR 1983 SC 852, the petitioner has filed the present petition seeking a direction to the respondents to consider the case of the petitioner for promotion to the post of Lecturer under the 1998 Rules as the vacancies, against which he weeks consideration of his promotion, were in existence prior to the promulgation of the 2012 Rules.