Sohan Lal and others vs State of Haryana and others

Augustine George Masih, J.—Petitioners have approached this Court praying for promotion to the post of Head Master and thereafter as Principal from the date their juniors have been promoted. It is the contention of the counsel for the petitioners that in the year 2007, the cases of the petitioners were forwarded by the District Education Officer for promotion to the post of Head Master. Without taking a decision on the case of the petitioners for promotion, juniors to the petitioners were issued the promotion orders. The details of the persons, who were promoted to the post of Head Master and further promoted to the post of Principal, have been mentioned in para 2 of the writ petition, which read as follows:-

Counsel contends that when the cases of the petitioners were not finalized by the respondents, they submitted representations to the Commissioner-cum-Director General, Secondary Education, Haryana. When the same did not yield any result, petitioners were forced to serve a legal notice dated 12.06.2012 (Annexure P-12) upon the said respondent, to which no response has been received. In a similar case, reply has been given by the Director General, Secondary Education, Haryana that the case of promotion of Head Master from the quota of Sanskrit Teachers is under consideration of the department.

Counsel for the petitioners contends that the respondents are delaying the decision on the claim of the petitioners for the post of Head Master and thereafter, to the post of Principal without any justification especially when persons junior to the petitioners have already been promoted to the said post. He, accordingly, prays that a time bound direction may be issued to the respondents for finalizing the claim of the petitioners, as has been projected by them through their legal notice dated 12.06.2012 (Annexure P-12).

Having heard the counsel for the petitioners, the prayer, as made by him, appears to be justified keeping in view the fact that the claim of the petitioners for promotion to the post of Head Master is pending with the respondents since the year 2007 despite the fact that the persons junior to them stand promoted to the post of Head Master and thereafter, to the post of Principal, as has been depicted by them in para 2 of the writ petition, the relevant portion thereof has been reproduced above. A direction is, thus, issued to the Director, Secondary Education, Haryana-respondent No. 2 to consider and decide the claim of the petitioners as has been projected by them through their legal notice dated 12.06.2012 (Annexure P-12) within a period of two months from the date of receipt of certified copy of the order. Decision so taken be conveyed to the petitioners forthwith.