Amandeep vs State Of Punjab & Ors
2023 Latest Caselaw 3913 P&H

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
223 2023:PHHC:050352

CWP-23532-2016
Date of decision: 12.04.2023

AMANDEEP ..Petitioner
Versus
STATE OF PUNJAB & ANR ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Madhav Pokhrel, Advocate for the petitioner.

Mr. R.K. Kapoor, Addl. A.G. Punjab.

ANIL KSHETARPAL, J(Oral)

1. The petitioner prays for the issuance of a writ in the nature of mandamus to direct the respondents to promote the petitioner to the post of Punjabi Mistress from the date her juniors were promoted i.e. with effect from 30.12.2015.

2. Para 2 of the preliminary submissions of the written statement, read as under:-

"That in this regard, it is humbly submitted that the petitioner joined the Punjab Education Department as P.TI teacher (C&V Cadre) on 11.12.2006. As per record available, the petitioner possesses the qualification of B.A. along with B.Ed. It is pertinent to mention that claims of those eligible candidates for promotion from C&V Cadre to Master Cadre were invited vide letter dated 8.1.2014 of the Office of Director Public Instructions (Secondary Education), Punjab, who were having the qualification prescribed for the relevant posts in the Punjab State Education Class II (School Cadre) Service Rules, 1978 as amended in the year 1995 upto 20.1.2014. However, the petitioner has passed the B.Ed. On 10.09.2015 meaning thereby she was not having the requisite qualification as prescribed in the Service Rules, to be eligible for the promotional post, on dated 20.1.2014, the date on which the claims were initially invited in view of the vacancies available at that time."

MOHD AYUB

2023.04.18 11:53

| attest to the accuracy and authenticity of this order/judgment.

MOHD AYUB

3. The learned counsel representing the petitioner has failed to controvert the aforesaid assertions.

4. In view of the aforesaid facts, no ground to issue the writ as

prayed for, is made out.

5. Dismissed.

6. All the pending miscellaneous applications, if any, are also disposed of.

April 12", 2023 (ANIL KSHETARPAL)

Ay JUDGE

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

2023.04.18 11:53 | attest to the accuracy and authenticity of this order/judgment.