Randhir Singh vs State Of Punjab & Ors.

KULDEEP TIWARI, J.(ORAL)

Through the instant writ petition, prayer is made for quashing of order dated 14.09.2021 (Annexure P-18), passed by the Director, Public Instructions (SE), Punjab (respondent No.2), whereby, the promotion order of the petitioner in Master Cadre, has been withdrawn.

The reasons, assigned for withdrawal of the order (supra), is that the petitioner has joined as Science Master in the Government Middle School, Bhagtupur, Gurdaspur, in pursuant to the recruitment of 3704 posts of master cadre, therefore, at the time of issuance of promotion order dated 14.05.2021 (Annexure P-14), from non-teaching to Master Cadre, the petitioner was not working on the non-teaching post, and finally, concluded that the petitioner is not entitled to be considered against 1% reserved vacancy, meant for non-teaching cadre.

Learned senior counsel for the petitioner, while throwing challenge to the order (supra), submitted that when the petitioner was considered for promotion, from non-teaching to Master Cadre, i.e. on 16.04.2021, he was working as a Senior Laboratory Attendant (non-teaching post), and therefore, he was rightly considered to be ineligible against 1% reserved quota.

He further submits that neither a show cause notice, nor any opportunity to explain his position, was afforded to the petitioner, thereby, rendering the order (supra), illegal and being suffer from the vice of principles of natural justice.

On the other hand, learned counsel for the State, has made strenuous efforts to protect the legality of the order (supra), and submitted that the petitioner has already joined as Science Master, before issuance of his promotion order, he was already working on the post of Master, and therefore, he cannot be considered for promotion, in lieu of promotion order dated 14.05.2021 (Annexure P-14), passed by the respondent No.2, and therefore, the same has rightly been withdrawn.

On a specific query being raised by this Court to learned counsel for the State, as to whether, before passing the impugned order, any show cause notice, or opportunity of hearing was afforded to the petitioner, to which, he answered in negative, and submitted that no such exercise was done.

In view of the above, this Court is of the considered opinion that the impugned order has been passed in violation of principles of natural justice, thereby, rendering the order illegal, and therefore, it does not pass the test of legality, and requires interference by this Court. Accordingly, the impugned order dated 14.05.2021 (Annexure P-14), is ordered to be set aside.

However, liberty is reserved to the respondent/department, to carry out a fresh exercise, to ascertain as to whether, the promotion order 14.05.2021 (Annexure P-14), issued in favour of the petitioner, is legal or not, but after affording due opportunity of hearing to the petitioner.

The exercise (supra), be carried out, within a period of three months, from the date of receipt of certified copy of this order.

Consequently, the instant writ petition is disposed of.