STATE OF PUNJAB Vs. NAIB SINGH

JUDGEMENT

(1.) Nobody has put in appearance on behalf of respondents No.1 and 2 though they have been served. Even written-statement on their behalf has not been filed.

(2.) The case of the petitioners in the present writ petition is that it is the total cadre strength and not only the sanctioned permanent posts which have to be taken into consideration for granting selection grade to a particular percentage of the posts in the cadre. This point arose before this Court in Ram Nath Chandok and others versus State of Punjab and others,1986 2 SLJ 41, wherein it was held that 15% quota for selection grade is to be considered for total cadre strength of the working teachers and not on the basis of permanent posts only. This view was affirmed by a Division Bench of this Court in State of Punjab versus Hira Lal and others, L.P.A. No. 135 of 1986, decided on January 15,1990. Another Division Bench has also taken a similar view in Kailash Chander and others versus State of Haryana and another, C.W.P. No.16879 of 1991, decided on April 2, 1992. IN this view of the matter and especially when there is no opposition to the writ petition, I allow the same and hold that for seeing the cadre strength for the purpose of selection grade, permanent posts as well as temporary posts, i.e., actual working strength has to be taken into consideration and not only the sanctioned posts. The respondents are directed that keeping in view the observations made above, the case for the grant of selection grade to the petitioners from the dates it became due to be considered within two months of the receipt of copy of this order from this Court or a certified copy thereof from the petitioner. The amount that may become payable to the petitioners on account of the above determination regarding the grant of selection grade shall be released to them within one month thereafter. I make no order as to costs.