GEETA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who is a Senior Lecturer in Mathematics, has approached this Court with a prayer for declaring the Haryana Technical Education Department (Group A) Service (Amendment) Rules, 2008 as unconstitutional which have been notified on 11.11.2008. The grievance made by the petitioner is that the explanation added by amendment in Column 4 of Appendix B referred to by Rule 7 is obnoxious and offends her right to seek promotion to the post of Head of the Department which is a promotional post from the feeder cadre of Senior Lecturer. She has also prayed for quashing order dated 19.12.2008 granting promotion to Smt. Benu Bajaj-respondent No. 3 to the post of Head of Department on the ground that she is junior to the petitioner.

(2.) FACTS : Smt. Geeta Devi had acquired the qualification of M.Sc. (Maths) and is pursuing her Ph.D programme. Before her appointment on the post of Sr. Lecturer in Applied Sciences (Maths) in the respondents department she had acquired rich experience of working as a Lecturer in Government Polytechnic or Private Polytechnic Colleges. She was appointed as Lecturer in Maths at Government Polytechnic College, Sonepat on 24.8.1995 where she served till 11.11.2002. The post was declared surplus and she was relieved of her duties. Thereafter she served as a Lecturer for 1 years and 4 months at Ch. Devi Lal Memorial Engineering College, Panniwala Mota, Sirsa. She was relieved from that post on 17.12.2004. Then she applied for the post of Sr. Lecturer in Mathematics through Haryana Public Service Commission. On the basis of her experience of over 8 years which was a necessary requirement for appointment as Sr. Lecturer she was selected by the Haryana Public Service Commission and appointed as such vide appointment letter dated 15.12.2004 ( P.1). She has been serving as Senior Lecturer since 18.12.2004 and has obviously acquired more than four years experience as such.

(3.) A Senior Lecturer is entitled to be considered for promotion as Head of the Department as per statutory rules known as Haryana Technical Education Department (Group A) Service Rules, 1986 (for brevity 'the Rules'). According to Rule 7, a Senior Lecturer in order to earn promotion to the post of Head of Department (Applied Sciences) is required to fulfill the qualifications as specified in Appendix B which in turn provides 12 years experience as a lecturer out of which two years must be as a Senior Lecturer. It has remained undisputed that in the seniority list, the name of the petitioner stands at serial No. 3. In order to stake her claim for promotion to the post of Head of Department (Mathematics), the petitioner filed a representation through proper channel on 2.6.2008 (P.3). She claimed that she was senior-most and fulfilled all the qualifications. She also asserted that the post of Head of Department was lying vacant and therefore she was fully entitled to be considered for promotion to that post. However, the representation did not evoke any response. It is further pertinent to mention that the post of Head of Department is lying vacant earlier to June, 2008. This fact has assumed significance because the expression 'experience' used in Appendix B in item No. 20 'Head of the Department in Applied Sciences has been explained by amendment made on 11.11.2008 requiring that the term 'experience' was to mean the service rendered in the department of Technical Education Haryana after regular appointment on the post. On account of the aforesaid amendment, the claim of the petitioner has been rejected and her junior respondent No. 3-Mrs. Benu Bajaj has been promoted on the post of Head of the Department in Applied Sciences (Maths). The petitioner has also asserted that respondent No. 3. Benu Bajaj had been appointed on the post of Senior Lecturer on 16.1.2006 when a new post for her was created in the cadre of Senior Lecturers. According to the petitioner, all this has been done on extraneous considerations. It is in the aforesaid circumstances that the petitioner has approached this Court asserting her claim for promotion to the post of Head of the Department.