Punjab-Haryana High Court
Shakti Dhar Sharma And Others vs State Of Haryana And Another on 21 November, 2022
CWP No.2200 of 2022 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(105+255)
CM No.16719 and 16720-CWP of 2022 in/and
CWP No.2200 of 2022 (O&M)
Date of Decision : 21.11.2022
Shakti Dhar Sharma and others ....Petitioners
Versus
State of Haryana and another
....Respondents
CWP No.3134 of 2022 (O&M)
Sukhbir Singh and others ....Petitioners
Versus
State of Haryana and another
....Respondents
CWP No.4224 of 2022 (O&M)
Vipin Kumar and others ....Petitioners
Versus
State of Haryana and others
....Respondents
CWP No.1718 of 2022 (O&M)
Raj Bala and others ....Petitioners
Versus
State of Haryana and another
....Respondents
1 of 4
::: Downloaded on - 24-11-2022 23:41:11 :::
CWP No.2200 of 2022 (O&M) 2
CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present:- Mr. Kanwal Goyal, Advocate with
Mr. Paramjit Singh, Advocate
for the petitioners (in CWP Nos.2200, 4224 and
1718 of 2022)
Mr. R.S.Dhull, Advocate
for the petitioners (in CWP No.3134 of 2022)
Mr. R.S.Budhwar, Additional Advocate General,
Haryana.
Mr. Anil Kumar Sharma, Advcate
for applicants in CM Nos.16719 and 16720 of 2022
***
Harsimran Singh Sethi, J. (Oral)
By this common order, the writ petitions, details of which
have been given above, are being disposed of as all the writ petitions
involve the same question of law on similar facts.
Learned counsel for the petitioners very fairly submits that
though a show cause notice has been issued with regard to the reversion
from the post of Elementary School Headmaster to that of Sanskrit
Teacher but as of now no action has been taken.
Learned counsel for the petitioners submits that only
apprehension of the petitioners is that the respondents might not
appreciate all the reasons which the petitioners have so as to justify their
promotion to the post of Elementary School Headaster including the fact,
which is being raised here that there are certain seniors, who are ineligible
to hold the post of Elementary School Headmaster.
Learned counsel for the respondents submits that the said
2 of 4
arguments only bring out apprehension and not the fact. Whatever
justification the petitioners will raise qua the show cause notice, the same
will be considered in accordance with law coupled with the Rules
governing the service and then appropriate order on the show cause notice
issued to the petitioners, will be passed.
Learned counsel for the petitioners submits that keeping in
view the said statement of the counsel for the respondents, the petition be
disposed of as having been not pressed any further with liberty to the
petitioners to file appropriate reply to the show cause notice, which has
been issued to the petitioners proposing the reversion to the post of
Sanskrit Teacher.
Ordered accordingly.
The State counsel is requested to consider all the
justifications which the petitioners raise in their reply to the show cause
notice and also the fact that the promotion to the post of Elementary
School Headmaster is in litigation since long and a correct order can end
the said litigation once for all.
Learned counsel for the petitioners also seeks liberty to
challenge the seniority list. The said right is an independent right and in
case the petitioners are aggrieved against any seniority list, they can avail
appropriate remedy available to them in accordance with law.
A photocopy of this judgment be placed on the file of another
connected cases.
CM Nos.16719 and 16720 of 2022
As the main case has been disposed of, counsel for the
applicants does not press the applications and the same are ordered to be
3 of 4
disposed of as having been not pressed.
CM No.10317-CWP and 10327-CWP of 2022
Applications are disposed of.
November 21, 2022 ( HARSIMRAN SINGH SETHI )
jt JUDGE
Whether reasoned/speaking? Yes
Whether reportable? No
4 of 4
