RANJIT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner is claiming promotion as Social Studies Master w.e.f. Nov. 04,1997, when a person junior to him was so promoted. It is not being disputed on the part of the respondents that Respondent No. 4 - Som Pal Singh is junior to the petitioner and was promoted as Social Studies Master w.e.f. the date mentioned above. The basis for not promoting the petitioner, which we can cull out from the written statement, is that the petitioner lacks the requisite qualifications for being considered for promotion as he does not have the prescribed combination of subjects in B.A. Reliance for this purpose has been placed on the rules known as The Haryana State Educational School Cadre (Group-C) Service Rules, 1998. These rules came into force from May 12,1998. The 1998 Rules repealed the Punjab Educational Service (Class-III) School Cadre Rules, 1955.

(2.) The case of the petitioner, on the other hand, is that on Nov. 04,1997, the 1955 Rules were in force and the respondents cannot now apply the 1998 Rules for promotion which is to be made effective from a date prior to the enforcement of 1998 Rules. It is not being disputed before us that under the 1955 Rules, the only requirement for being promoted as Social Studies Master was that a person has to be B.A.,M.A./M.Sc., SSTC or B.T., Senior Basic Trained and there was no requirement of any subject combination in B.A. The petitioner does answer the qualifications as prescribed in 1955 Rules. If the petitioner's case is to be considered w.e.f. Nov. 04,1997, when his junior was promoted, it goes without saying that 1955 Rules would be applicable and not the 1998 Rules. Faced with this situation, learned counsel for the respondents also tried to argue that some instructions were issued in the year 1983 by the Haryana Government laying down subject combination for B.A. It is now well settled law that the instructions cannot run counter to the rules. As observed above, the rules do not provide for any subject combination.

(3.) For the foregoing reasons, we allow this writ petition and direct the respondents to consider the case of the petitioner for promotion w.e.f. Nov. 04,1997 by applying 1955 Rules and not 1998 Rules. Needless to mention that if the petitioner is found otherwise suitable for promotion, all consequential benefits would flow to him. Let these directions be carried out within three months.