Kamaljit vs State of Haryana and another

Augustine George Masih, J.—Petitioner, who is a JBT Teacher working on regular basis with the respondents, has approached this Court for issuance of directions to the respondents to promote him to the post of Social Studies Master w.e.f. 12.12.2010 when his batch-mates have been promoted including the juniors.

Petitioner states that after his appointment as JBT Teacher in the year 2002 even prior thereto, he has passed his B.A. prior to 1997 and additional subject of History in September, 1997 was also cleared. He improved his marks in April, 2009 and passed his B.Ed. in April, 1998 and, therefore, fulfills the subject combination for promotion to the post of S.S. Master. His claim for promotion has not been considered merely on the ground that he does not fulfill the subject combination. This, he contends, is on a wrong premise as he has already passed subject of History as an additional subject in B.A. in the year 1997. A representation has been preferred by the petitioner dated 13.06.2011 (Annexure P-5) projecting his claim but when nothing was heard from the respondents, legal notice dated 15.12.2011 (Annexure P-6) has been served by the petitioner through his counsel but the same has also not solicited any response from the respondents.

Counsel for the petitioner states that the petitioner, at this stage, would be satisfied if a direction is issued to the Director General, School Education, Haryana-respondent No. 2 to consider and decide the representation dated 13.06.2011 (Annexure P-5) and legal notice dated 15.12.2011 (Annexure P-6) within some specified time.

Without going into the merits of the case or commenting thereon, the present petition is disposed of with directions to the Director General, School Education, Haryana-respondent No. 2 to consider and decide the representation dated 13.06.2011 (Annexure P-5) and legal notice dated 15.12.2011 (Annexure P-6) within a period of two months from the date of receipt of certified copy of this order. The decision so taken be conveyed to the petitioner forthwith. In case the petitioner is held entitled to the claim made by him, consequential benefits be released to him within a further period of one month.