RAMESHWAR PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners are working as Masters in various Government Schools in the State of Haryana. They complain that such amongst them as had "joined as Masters in the year 1963 have not been promoted as Head Masters whereas the Mistresses who joined the Education Department as late as in (the year) 1969 have been promoted as Head Mistresses". According to the petitioners, "under the rules, seniority of male and female teachers has to be maintained jointly whereas the department is maintaining the seniority of male teachers separately and female teachers separately although they belong to the same cadre." On these premises, the petitioners pray for the issue of a writ in the nature of mandamus "directing the respondents to prepare a joint seniority list in accordance with the Punjab Education Class III (School Cadre) Rules, 1955".

(2.) In the written statement filed by respondent No. 2, the claim made by the petitioners has been controverted. It has been inter alia pointed out that the service comprises of the posts in Appendix 'A' to the rules "wherein the posts of Masters and Mistresses have been separately sanctioned 'in two different Branches viz. 'A' Men Branch and 'B' Women Branch". On this basis, the respondents claim that a joint seniority list cannot be drawn up. An affidavit dated July 27, 1992 had also been filed by Mrs. Manju Gupta, the Director, Secondary Education, Haryana wherein it was averred that under the rules, the posts of Masters and Mistresses were separately sanctioned in different branches and as such, a joint seniority list could not be prepared. It was also averred that "the newly sanctioned posts of Heads of High Schools meant for promotion quota are distributed for filling up by promotion from masters/mistresses in the ratio of 2 :1 as the posts of masters/mistresses are also filled up almost in the same ratio from male and female candidates". These are the pleadings.

(3.) Counsel for the parties have been heard. The short questions that arises for consideration is - Are the respondents bound to draw a joint seniority list of Masters and Mistresses under the provisions of Punjab Educational Service Class III, School Cadre Rules, 1955 ?