Punjab and Haryana High Court Quashes Wrongful Denial of Promotion, Orders Consideration for Petitioner
In a significant ruling, the Punjab and Haryana High Court has set aside the wrongful denial of promotion to Sewak Singh, an aspiring Hindi Master. The court directed the authorities to reconsider Singh’s case for promotion, stating that the denial was based on an erroneous interpretation of circular and cut-off dates. The judgment, delivered by Justice Sanjeev Prakash Sharma, emphasized the importance of fair and just promotion procedures.
Justice Sharma, in his ruling, stated, “The denial of consideration for promotion to the petitioner is found to be wrongful and unjustified.” He further highlighted that Singh possessed the requisite educational qualifications at the time of consideration, as per the circular issued by the respondent-Director of Education Department.
Singh, an ETT teacher appointed in 2001, had filed a writ petition seeking promotion to the post of Hindi Master. Despite being ranked at seniority no. 264, he was denied promotion, while lower-ranked individuals were granted the opportunity. Singh argued that there were two distinct cut-off dates mentioned in the circular – one for examining eligibility and another for sending the promotion case. The court agreed with his interpretation, deeming the exclusion from promotion as unjust.
The court’s judgment directed the respondents to reconsider Singh’s case for promotion in accordance with the Punjab State Education Class III (School Cadre) Service Rules 1978. If found suitable, Singh should be promoted from the date his juniors were promoted, with all consequential benefits. The judgment also ordered the revision of Singh’s salary and the payment of arrears within a period of three months.
This ruling by the Punjab and Haryana High Court serves as a reminder to authorities to adhere to proper interpretation of circulars and cut-off dates while making promotion decisions. It upholds the principles of fairness and justice in the promotion process, ensuring that deserving candidates are not unjustly denied their rightful opportunities.
Date of Decision: 12.07.2023
Sewak Singh vs State of Punjab and others
