GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals are directed against the judgment dated 25.1.1994 passed by the learned single Judge vide which he dismissed the Writ Petitions of the appellants.

(2.) For the purpose of deciding the issue raised in the appeals, we may briefly notice the relevant facts. L.P.A. No. 229 of 1994 Appellant No. 1 Gurdial Singh was appointed as General Science Master in the Education Department, Punjab in 1961 in the pay scale of Rs. 110-250.00. Appellant No. 2-Prem Singh joined service in G.N.P. High School, Majitha (private school), District Amritsar in 1961. He became Government employee in 1962 when the school was taken over by the State Government. He was absorbed as General Science Master in 1963. By an order dated 8.8.1988 the Director Public Instructions (Schools) (respondent No. 2), appointed them as Head Masters by promotion for a period of six months against the vacancies earmarked for direct recruits. After about three years, respondent No. 2 issued notice like Annexure P6 dated 5/10.7.1991 to the appellants to show cause against the proposed withdrawal of the orders of their promotion. However, instead of filing reply to the show cause notices, they challenged the same by filing C.W.P. No. 12730 of 1991 inter-alia on the following grounds:-

(3.) Appellant-Amarjit Sharma joined service as Science Master in 1962. He filed C.W.P. No. 15067 of 1990 for issuance of a direction to the respondents to promote him as Head Master. The same was disposed of by this Court on 26.9.1990 with the direction that his representation be decided within a period of three months. In compliance of the Court's order, respondent No. 2 examined the claim of the appellant and rejected the same vide memo no. 12/1-91-SA-1(4) dated 18.1.1991. He challenged that decision by filing C.W.P. No. 4490 of 1991 in which he again prayed that a writ in the nature of mandamus be issued directing the respondents to promote him as Head Master. The respondents contested that writ petition by contending that he does not fulfil the qualifications prescribed under the 1978 Rules.