Satpal Singh Bhardwaj vs State of H.P. and Others

Kurian Joseph, C.J.—The Appellant was Petitioner in Civil Writ petition (T) No. No. 2645/2008. The writ petition was filed with certain disputes with regard to promotion. It is seen that the Petitioner acquired B.Ed. Degree finally only in the examination held in the month of September, 1995. Mark-list of that examination is dated 2.3.1996. It appears that the Petitioner claimed the promotion in the Batch of 1994-1995. The learned Single Judge has rightly held having passed the examination finally only in September, 1995, the Petitioner will not be entitled to have promotion in 1994-1995 Batch. But the grievance of the Petitioner is that those incumbents like 4th Respondent, who passed the examination even after the Petitioner passing the same and whose mark-list is also of the date subsequent to that of the Petitioner, they all have been shown senior to the Petitioner. As far as 4th Respondent is concerned, it is seen from Annexure P10 his examination certificate dated 25.10.1996, that he undertook examination in April-July 1996 and still he is placed above the Petitioner at Sr. No. 17 in Annexure P6. Therefore, this appeal is disposed of making it clear that the Petitioner shall be placed above all those who have passed the B.Ed. examination after the Petitioner acquiring the B.Ed. degree. If there is any mistake in the matter of appointment and fixation of seniority, the same shall be corrected in the light of the clarification made above, within two weeks from the production of the copy of this judgment.

Pending applications, if any, shall also stands disposed of.