SARLA SHARMA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) IN this bunch of writ petition (C.W.P. No. 440, 871, 1185, 1552 and 1820 of 1986) the Petitioners question the legality, validity and constitutionality of the Government instructions dated August, 10, 1981 providing for categorization of Annual Confidential Reports (ACRs) of the employees of the Education Department on the teaching side, on the basis of the results of all the subjects taught by them. Equally at issue, are the orders superseding Petitioners Smt. Sarla Sharma (C.W.P. No. 440 of 1986) and Narender Nath Gaur (C.W.P. No. 1820 of 1986) by their juniors for promotion to next higher posts, and notices dated December 10, 1985, December 19, 1985 and January 1, 1986 (copy Annexure P. 2 in all the cases) effecting premature retirement of Petitioners Banarsi Datt (CWP No. 871 of 1986), Kewal Singh Rathi (C.W.P. No. 1185 of 1986) and Nawal Singh (C.W.P. No. 1552 of 1986) respectively on the attainment of 55 years, age on the basis of categorization of their ACRs in accordance with the above instructions.

(2.) A broad -brush factual backdrop will help illumine the contours of forensic controversy cropping up in these writ petitions.

(3.) NARENDER Nath Gaur, Petitioner, was working as a Social Studies Master in Government High School, Raipur Rani, Tehsil Naraingarh, District Ambala. His case for promotion to the post of Lecturer, in History was sent to the Director, Public Instructions, Haryana. However, the Petitioner's claim was ignored and some persons who were junior to the Petitioner were promoted as Lecturer in History, on the ground that he did not have 10 per cent good reports to his credit for the period of past ten years and in the face of the Government instructions dated August 10, 1981 (copy Annexure P -3) he could not be promoted.