DHARAM PAL Vs. BOARD OF SCHOOL EDUCATION, HARYANA

JUDGEMENT

(1.) Respondent No. 3 was promoted as a Superintendent on probation on 10th August, 1989. On 7th September, 1990 he was reverted to the post of Assistant on the ground that his work on the promotional post had been unsatisfactory. He then filed a representation before the competent authority and the same too was dismissed on 19th Feburary, 1991. He thereafter filed CWP No. 5307 of 1991 challenging his reversion and this too was dismissed on 25th Feburary, 1991 with the following observations :

(2.) Meanwhile, it appears that the petitioner had been promoted as a Superintendent on 25th Feburary, 1991 and at the time when his case was considered for promotion, the case of respondent No. 3 was reconsidered as well and it was rejected on the ground of his unsuitability. Respondent No. 3 was nevertheless promoted as Superintendent once again on 5th Feburary, 1994 and in the seniority list published thereto, the petitioner was shown at Serial No. 53 and respondent No. 3 at Srl. No. 65-A in order of seniority. Vide order Annexure P8 dated March 31, 1995, the representation of respondent No. 3 claiming his seniority as Superintendent with effect from 10th August, 1989 has been accepted, with the result that he has now become senior to the petitioner in service. It is against Annexure P8 that the present petition has been filed.

(3.) Mr. R.K. Malik, the learned counsel appearing for the petitioner has urged that at the time when the petitioner had been promoted as Superintendent i.e. on 25th Feburary, 1991 the case of respondent No. 3 had also been considered and he had been found unsuitable and that in any case once respondent No. 3 had failed up to the High Court challenging his reversion from the post of Superintendent (to which he had first been promoted on 10th August, 1989) to Assistant, the respondent-Board could not give him retrospective promotion w.e.f. 10th August, 1989, as has been ordered by Annexure P8 to the petition.