SAMARVIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this writ petition, challenging his seniority vis-a-vis the seniority assigned to respondent No. 3, Dhan Singh. The petitioner, who by now has retired, would press this petition for re-fixation of his seniority and thereafter grant of consequential benefits to him of promotion etc. over Dhan Singh. The counsel pleads that Dhan Singh was shown senior to him in violation of the instructions on the subject.

(2.) The petitioner was appointed as a Master on 25.9.1956 in a private school named Rajput High School, Bhondsi, District Gurgaon. He was promoted as Head Master on 4.9.1961 and was confirmed as such. In the year 1961, Punjab Government had decided to take over the privately managed schools and Rajput High School, Bhondsi, where the petitioner was working was, thus, taken over w.e.f. 27.11.1961, alongwith the staff. It was decided that Headmaster inherited from the Nationalised schools having put in 8 years service should be integrated with the old Headmaster of the Government Schools from the date of their approval by the Punjab Public Service Commission (hereinafter referred to as ("the Commission"). This condition is contained in Annexure P- 7. Their inter-se seniority, as drawn by the Commission was to remain intact. The Headmaster, who had put in less than 8 years service, was to be integrated with the Headmasters of the Government Schools from the date they completed 8 years service. It was specifically provided in these instructions that there will be no inter-se seniority in their cases. Apparently it would mean that inter-se seniority amongst the Headmasters of the Schools, which were taken over, was not to be determined and they were required to be integrated with the Cadre of Headmasters of the Government Schools. It was also decided that no Headmaster would be adjusted on the lower Post.

(3.) In the year 1966, the State of Haryana was carved out and the petitioner alongwith some other Head masters was allocated to Haryana State. The petitioner, who was working as Master, was appointed as officiating Head Master on 21.11.1966 as is noted in Annexure P-10. The Government issued gradation list as it stood on 1.4.1972 of all the Head Masters who were assigned to the State of Haryana. As per this, Dhan Singh, respondent No. 3, who is shown promoted w.e.f 16.3.1964, was shown at No.66 in the seniority list whereas the petitioner is shown at seniority list No.120 as having been promoted on 31.12.1966. Subsequently, the State of Haryana also issued a circular on 23.8.1973 for regulating the fixation of seniority of various employees of those schools which were taken over and were assigned to Haryana State. As per these instructions, those Head Masters/Head Mistresses. who have necessary educational qualification and experience at the time of taking over and whose candidature was approved by the Commission/S.S.S.Board was allowed seniority from the date of taking over of the school. However, those Head Masters/Head Mistresses, who possessed the necessary qualification but did not have the desired experience at the time of taking over the school, were allowed the seniority from the date of completion of such experience, provided their candidatures was approved by the Commission/S.S.S.Board. A copy of these instructions is annexed with the petition as Annexure P-13. In view of the instructions, Annexure P-13, and due to some representations received, the seniority list was revised and was re-fixed on 9.8.1974 vide Annexure P-14. The petitioner was placed between Sr. No. 64 and 65 whereas respondent No. 3 was shown between 64 and 65 but junior to the petitioner with date of seniority being 26.9.1964 whereas the petitioner was assigned seniority w.e.f. 25.9.1964. As per this seniority list, the petitioner was placed senior to Dhan Singh, respondent No. 3. Dhan Singh, Respondent No. 3, being aggrieved against this decision filed Civil Writ Petition No. 778 of 1976, which was allowed by this Court on 15.2.1983 and the seniority list fixing the seniority of Dhan Singh, respondent, Shri K.C. Parbhakar, G.S. Paul, Gugan Singh and Samarvir Singh (petitioner) was set aside. The respondent department was directed to determine the seniority afresh after hearing Dhan Singh, (respondent No. 3). The seniority list earlier issued was accordingly withdrawn on 18.5.1983 and original position restored without prejudice to the action that may be taken on later for re-fixing the seniority in accordance with the directions of the High Court. Order in this regard is at Annexure P- 18.