JASBIR KAUR, LECTURER, BIOLOGY, GOVERNMENT GIRLS SENIOR SECONDARY SCHOOL, GURDASPUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner is a Science Mistress. She was working as Lecturer in Senior Secondary School (Girls), Gurdaspur. While so, Government issued Annexure P-l order promoting certain Masters/Head Masters to P.E.S. Class-II posts. Petitioner was one covered by that order. She was promoted as Principal, Government Senior Secondary School, Chaunta. That order specifically stated that the orders of promotion will lake effect from the date the incumbents take charge of the new posts. It is also made clear therein that should submit their joining report at the new place of posting/appointment within one week from the date of issue of the order. Annexure P-l order dated 12.12.1996 was modified by Annexure P-2 order on 18.12.19%. By that order petitioner, who was promoted by Annexure as Principal of Government Senior Secondary School, Chaunta was to take charge as Deputy District Education Officer (S), Gurdaspur. At this juncture it is worthwhile to note another clause incorporated in Annexure P-l, which stated that officers who fail to join the new places to which they are appointed or posted will be debarred from promotion for two years under Rule 18 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994. Petitioner did not join the new post to which she was promoted/transferred. She wrote to the Secretary to Government, Punjab that she cannot join the new post vide Annexure P-3 letter dated 31.12.1996. Pursuant to the condition imposed in Annexure P-l and on failure of the petitioner to comply with the said order, she was debarred from promotion for the next two years vide Annexure P-4 order dated 22.1.1997. On 22.1.1997 when Annexure P-4 order was issued by the Government, petitioner was described as Lecturer, Government Senior Secondary School (Girls), Gurdaspur. This we are stating only for noting that Government even on 22.1.1997 treated the petitioner as holding the post of Lecturer, Government Senior Secondary School (Girls) Gurdaspur.

(2.) Director of Public Instructions, Punjab issued Annexure P-7 order dated 17.12.1996. As per that order, 5th respondent, who is stated to be holding the post of Lecturer Biology, Government Senior Secondary School, Ghuman was transferred to Government Senior Secondary School, Gurdaspur. That order of transfer was to take effect when the post to which officer was transferred becomes vacant. Since there was mistake in that order regarding the post held by the 5th respondent and the school to which she was to be transferred, subsequent order was issued on 30.12.1996 clarifying the earlier order. As per that clarification contained in the order dated 30.12.1996, 5th respondent who was holding the post of Lecturer in Senior Secondary School, Garaunta (Gurdaspur) stands transferred to Government Senior Secondary School (Girls) Gurdaspur. District Education Officer (S) Gurdaspur made an endorsement on 27.12.1996 on Annexure P-7. That endorsement reads :

(3.) After creating the above stated confusion, the District Education Officer tried to solve the situation by issuing Annexure P-5 order dated 25.1.1997 adjusting the petitioner against the seat left by the 5th respondent in the Government Senior Secondary School, Garota. That order is under challenge.