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Judgment
KULDEEP TIWARI, J.(Oral)
Through the instant petition, as cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a direction to the respondents to review/recall the posting order dated 23.06.2021 (Annexure P-4) of the petitioner and to afford the petitioner an opportunity to opt for a new/nearby station, subject to availability of vacancies as on date, in terms of the consistent and long-standing practice adopted by the respondents for station allotment, whereby station preferences are invited through public notice and allotment is made on the basis of seniority, as extended to all prior and subsequent batches, except the batch to which the petitioner belongs.
At the outset, learned counsel for the petitioner fairly submits that issues raised in the petition has already been dealt with by this Court, vide decision dated 17.08.2026, rendered in CWP-9706-2026 (Aashish Kalra Vs. State of Punjab and others), therefore, the instant petitions may also be disposed of, in the same terms.
Notice of motion.
Mr. Sahil R. Bakshi, learned Assistant Advocate General, Punjab, accepts notice on behalf of the said respondents, and does not oppose the abovesaid prayer.
It is a conceded position that this Court, while disposing of a batch of petitions, lead case being Aashish Kalra (supra), has already adjudicated upon the issues, as raised in the matter at hand, and issued the following directions:-
“8.During the course of hearing, which has encompassed manifold dimensions of the grievances, the Secretary, Department of School Education, fairly admits that the Policy in question, indeed, warrants comprehensive re-examination. Further, she fairly submits that, in fact, the Policy ought to be devised to address all such issues, which may possibly invite the attention of the State Government.
9.In the wake of the abovesaid conceded position, and having regard to the far-reaching consequences, which a large number of employees across the State may face, this Court, at this stage, deems it appropriate to refrain from adjudicating the matter on merits, enabling the authorities concerned to set right the anomalies, at the first instance. Accordingly, on the basis of the fair stand set out on behalf of the respondent-State, as narrated above, the present petitions are disposed of, with the following directions:-
a)The Secretary, Department of School Education, Punjab, shall constitute a Committee to re-examine the Policy in question in all aspects, including the issues, as demonstrated above, with a view to rectify the anomalies and ensuring complete transparency, thereby, leaving no discretionary powers with the authorities concerned to be exercised arbitrarily, within a period of three months from today.
b)The Secretary, Department of School Education, Punjab, shall also constitute a separate Committee, within two weeks from today, which, after hearing all the stakeholders, including the petitioners, shall pass a speaking order qua every petitioner, thereby addressing his/her grievance, within a period of eight weeks from today.”
In the wake of the above, this Court is not required to delve into the merits of the petition at hand, and the same is disposed of, in terms of Aashish Kalra (supra). Consequently, the petitioner shall file his comprehensive representation with the Secretary, Department of School Education, Punjab, who, in turn, shall, either constitute a new Committee, or refer the same to the Committee constituted or to be constituted, in pursuance of the abovesaid directions, to address her grievance.
However, in the event of default in compliance of the hereinabove directions within the stipulated period, the petitioner is at liberty to move apt application(s) for revival of the instant petition.
All pending application(s), if any, also stand disposed of accordingly.