BANSI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners in this bunch of seven petitions have a common grievance. They are aggrieved by the order of the Director, Education Department (School) by which their names were removed from the list of Lecturers. As a result, they were not considered for promotion to the Punjab Education Service Class-II in accordance with the Rules. The petitioners pray that the order passed by the Director be quashed and that the respondents be directed to consider their claim for promotion to the Class-II service from the posts of Lecturers. Learned Counsel has referred to the factual position as appearing from the record of Civil Writ Petition No. 7719 of 1995 (Kidar Nath Gupta and Ors. v. State of Punjab and Anr.). It may be briefly noticed.

(2.) The petitioners had initially joined service as Teachers/Masters at different points of time. Petitioner No. 8 was the first one to enter the service on October 11, 1954. Petitioner Nos.9 and 16 had joined on February 1, 1959. The remaining petitioners were appointed on January 1, 1960. All the petitioners possess a Post Graduate Degree. They were, thus, eligible for promotion to the posts of Lecturers. They were actually promoted on November 1, 1966. They had continued to work as such for a period ranging from 12 years to 14 years. Petitioners Nos.8 and 9 were promoted as Headmasters on January 16, 1978. Petitioner Nos.1 to 7 and 10 to 15 were promoted on October 8, 1980. Petitioner No. 17 (Ved Parkash) continued to work as a Lecturer. The posts of Lecturers and Headmasters are borne on the Class-III service of the Punjab Education Service (School and Inspection Cadre). Member of Class-III service are eligible for appointment/promotion to the Class-II service. The recruitment to the Class-II service is governed by the provisions of the Punjab Educational Service (School and Inspection) (Class-II) Rules 1976, hereinafter referred to as the Class-II Rules. Rule 10 inter alia provides that the posts in the Class-II service shall be filled up by promotion and by direct recruitment. A quota of 75% has been fixed for promotion while 25% posts have to be filled up by direct recruitment. Still further, it is the claim of the petitioners that for purposes of promotion the Government has vide order dated January 24, 1977 laid down a ratio of 60:40 for filling up the posts from amongst the Headmasters and Lecturers. These instructions provide as under:-

(3.) The petitioners' claim that according to the rule as laid down in the above quoted instructions, 4 vacancies in a roster of 10 have to be filed up from amongst the Lecturers.