AMARJEET LAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner-Amarjeet Lal was appointed as Master in Mathematics on regular basis w.e.f. 01.10.1980 with the Education Department (Secondary Education), Punjab. He was promoted as Lecturer in Mathematics vide order dated 06.11.1991 (Annexure P-2), however, he did not avail the benefit of that order. Thereafter, he joined as Lecturer in Mathematics on 03.09.1997 pursuant to the promotional order dated 14.08.1997. He retired on attaining the age of superannauation w.e.f. 30.06.2012 in the said rank. At around age of retirement, the petitioner filed the present writ petition seeking retrospective promotion as Lecturer w.e.f. 06.11.1991 pursuant to order at Annexure P-2 i.e. the date when he was earlier promoted, with all consequential benefits.

(2.) Learned counsel for the petitioner submits that the petitioner could not avail the benefit of promotion as Lecturer w.e.f. November 1991 as the Principal of his school had refused to relieve him and, therefore, on that account, promotion with retrospective effect should not be denied to the petitioner. By referring to letter dated 29.06.2004 (Annexure P-6), it is contended that the petitioner had been agitating regarding his non-relieving by the Principal pursuant to the order dated 06.11.1991 (P-2), however, no action was taken.

(3.) Learned State Counsel has argued that in the promotion order dated 06.11.1991 (P-2), there was a specific direction that certain formalities were to be completed by the Masters before submitting their joining reports. The petitioner, who belong to District Patiala, and vide the said promotion order dated 06.11.1991 (P-2) was posted 100 kms. away, and did not wish to move out from Patiala, had not fulfilled those conditions, therefore, by virtue of Clause 7 & 9 of the said order dated 06.11.1991 (P-2), was debarred from even claiming promotion till the year 1994 on his own turn, having not joined within twenty-one (21) days of the order.