NIRMAL PRABHAKAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed to quash order Annexure P4 dated 4.3.1993 whereby an earlier order issued on 15.2.1993 appointing the petitioner as Block Primary Education Officer (for short, BPEO) has been cancelled. A prayer has also been made to quash Annexure P4/A whereby respondent No. 4 has been given purely ad hoc promotion as BPEO in her own pay scale. Yet another prayer is to quash Annexure PII which contains general instructions issued by the Secretary to Government of Punjab, Department of Education, regarding promotion to the post of BPEO. The petitioner has also prayed that the respondent be directed to promote her as BPEO.

(2.) Some of the facts on which the parties do not have any dispute are that the petitioner joined service as JBT teacher under the Education Department of the Government of Punjab on 24.7.1959. She was promoted as Head Teacher w.e.f. 16.4.1982 and then as Central Head Teacher w.e.f. 29.10.1983. In the seniority list of J.B.T. teachers (Women) of District Kapurthala (Annexure P1), the name of the petitioner figures at Sr. No. 25. Respondent No. 4 who belongs to Scheduled Caste joined service as J.B.T. teacher on 25.7.1970. She was promoted as Central Head Teacher w.e.f. 15.4.1982. In the seniority list Annexure P1, the name of respondent No. 4 appears at Sr. No. 415. However, in Annexure R1 which is a tentative seniority list of Central Head Teachers (Women) of District Kapurthala, the name of the petitioner appears at Sr. No. 11 and that of respondent No. 4 appears at Sr. No. 8. It appears from the record that the Director, Public Instructions (Primary), Punjab had directed the District Education Officer (Primary), Kapurthala to send names of eligible persons for appointment to the post of BPEO. Initially, the District Education Officer (Primary), Kapurthala had sent names of reserved category candidates, but, on the basis of direction given by respondent No. 2 vide Annexure P2 dated 1.2.1993 name of the petitioner was forwarded for promotion as BPEO and on that basis, order Annexure P3 came to be issued promoting the petitioner as BPEO in her own pay scale. This order describes the promotion of the petitioner as purely temporary and provisional which could be terminated without any notice. Another condition incorporated in this order is that if any candidate is found junior in the seniority list then she could be reverted to the post of Central Head Teacher. After 17 days of the issue of Annexure P3, one of the impugned orders (Annexure P4) came to be issued by the Director, Public Instructions (Primary), Punjab, cancelling that order. At the same time, another impugned order Annexure P4/A came to be issued promoting respondent No. 4 as BPEO in her own pay scale. This promotion has also been described as on ad hoc basis by way of stop-gap arrangement and conditions similar to those incorporated in Annexure P3 have been incorporated in Annexure P4.

(3.) Annexure P-11 is a letter circulated by the Secretary to the Government of Punjab, Department of Education, on 18.6.1992. In this letter, it has been stated that the instructions contained therein should be treated as executive instructions of the Government of Punjab, Department of Education, for recruitment/promotion to the posts of Primary School Teachers/ Head Teachers/Circle Head Teachers/BPEOs.