RAM KUMAR Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) THE petitioner was appointed as a Math Master on 30.12.1982 against the post meant for reserved category of Scheduled Caste. He was promoted as Headmaster on 10.1.1991. Subsequently, this promotion order was modified and the petitioner was so promoted with effect from 24.4.1989. On 5.10.2001 the petitioner was promoted as Block Education Officer. By then, he had three years experience as Headmaster. On 8.1.2002, the petitioner was posted to Pundri.

(2.) THE post of Block Education Officer was up -graded to that of Principal of Senior Secondary School in the pay scale of Rs. 8000 -275 -10200 -EB -275 -13500 through a notification issued on 15.9.2005, Annexure P -5. Since the petitioner was a Headmaster and has not been promoted as a Principal, an order adjusting him as Headmaster was passed on 24.11.2005. Pleading that this would amount to his reversion, the petitioner filed Civil Writ Petition No. 19220 of 2005 before this Court. While issuing notice of motion, the operation of the order was stayed by this Court. This writ petition has since been admitted and the interim direction continued.

(3.) IN the reply filed, the fact of petitioner's promotion to the post of Block Education Officer is conceded. It is also not disputed that the post of Block Education Officer was up -graded to the post of Principal, Senior Secondary School in the pay scale of Rs. 8000 -13500. Rather this is advanced as a reason to order reversion/adjustment of the petitioner on the post of Headmaster as the petitioner, according to the respondents, could not have continued to hold the post after it was up -graded and equated with the post of Principal. This is an order which the petitioner challenged and his adjustment/revision was stayed. It is also conceded that the petitioner has been considered and promoted to the post of Principal in the pay scale of Rs. 8000 -13500 on 18.8.2006 (Annexure P -9). The plea to deny the scale is that petitioner has not joined on the post of Principal and until he does so, the scale of post of Principal, i.e., Rs. 8000 -13500 cannot be allowed to him. The pay of the petitioner in the scale of Rs. 7500 -12000 is, thus, justified.