HARYANA GOVERNMENT SCHOOL EDUCATION DEPARTMENT Order No.: 03,04,0 ife4.3,(, ORDER Dated: Q 3 945 ) 19 Brief facts of the case are that in the previous Haryana State Education (School and Inspection Cadre) (Group - B) Service Rules, 1998, there was a provision of promotion from amongst Sanskrit teacher to the extent of 7% and the qualifications for the said promotion were as under: - B.T./B.Ed. and eight years teaching experience as Sanskrit Teacher. As a practice, the department used to consider only those Sanskrit teachers eligible for promotion to the post of Head Master High School who were having qualifications of B.A. with Sanskrit and B.T./B.Ed. Those Sanskrit teachers who were not having the said qualifications of B.A. & B.T./ B.Ed. were not considered for promotion. As a fall out of the same, the Sanskrit Teachers who were having the qualifications of O.T. Sanskrit, Shiksha Shastri and LTC (Sanskrit), but not having the degree of B.A. with Sanskrit and B.Ed. filed writ petitions in the Honble High Court praying therein to promote them to the post of Headmaster. All these writ petitions were decided by Honble High Court vide common order dated 03.03.2008 passed in CWP No. 16674 of 2006 titled as Bahadur Singh and anr. Vs. State of Haryana and the concluding para states as under: - In view of facts, mentioned above, we allow these writ petitions 7k9T----and direct the respondents to consider the petitioners and all other Sanskrit Teachers working in the respondent department, who possess qualification equivalent to B.T/B.Ed. and have the requisite experience as per Rules but they many not possess qualification of B.A with Sanskrit as one of the subjects, as eligible for promotion to the posts of Headmaster, High School. Furthermore, it is made clear that if any junior person, to the petitioners in the cadre has been promoted as Headmaster earlier, relief be granted to the petitioners also from that date. However, as per 2 undertaking given by their counsel, they shall not be entitled to get any actual financial benefit, only deemed/notional benefits be given to them. This is done in the case of other employees also. Needful be done within a period of two months from the date of receipt of copy of this order. In view of the said order, 26 Shiksha Shastris/ 0.T. teachers were promoted vide order dated 10.09.2008, irrespective of consideration of being petitioners or otherwise. It is specific to mention here that the candidates earlier promoted, though junior than the petitioners as detailed above and having qualifications of B.A. with Sanskrit and B.T./B.Ed., filed SLPs in the Apex Court, who vide its order dated 23.09.2011 disposed of the various SLPs in the following terms:- 1. The directions given by the High Court for consideration of the cases of the writ petitioners for promotion to the post of Headmaster, High School is confirmed. 2. The omnibus direction was given by the High Court for consideration of the cases of all other Sanskrit Teachers working in the department, who possess qualification equivalent to B.T./B.Ed. and have requisite experience for promotion to the post Headmaster, High School is set aside. However, it is made clear that this order shall not preclude other persons claiming to be eligible for promotion to the post of Headmaster, High School to seek appropriate remedy. It is pertinent to mention here that now new Rules namely, `Haryana State Education School Cadre (Group B) Service Rules, 2012 and ewat District School Education (Group B) Service Rules, 2012 have been notified on 11.04.2012 and in Rule 9 of the said Rules, there is no provision of promoting Sanskrit teachers to the post of Headmaster of High School. Further, Rule 9 (i) (b) of Haryana State Education School Cadre (Group B) Service Rules, 2012 provide, in the case of Headmaster of High School, 100% promotion from amongst Elementary School Head Masters/ TGTs. 3 The Sanskrit teachers, having qualifications of B.A. B.Ed., appointed on regular basis from 16.09.1982 to 30.09.1988 were promoted as Headmaster vide this office Order No. 4/16-2000 E-1(4) dated 18.01.2002 numbering 33. Thereafter, promotions from the posts of Sanskrit Teacher to that of Headmasters were made from time to time assigning the deemed date of promotion as 18.01.2002. Apart from these persons, there are 20 persons whose services were regularized w.e.f. 01.11.1986 and 30.09.1988 and who have also been promoted as Headmasters w.e.f. 18.01.2002 vide order No. 6/27-2009 HRG-II (1) dated 12.09.2012, Order No. 6/27-2009 HRG-II (1) dated 21.09.2012 and Order No. 6/15-2011 HRG-II (1) dated 07.09.2012 in compliance of the order dated 23.09.2011 passed by the Honble Supreme Court in SLP No. 5254 of 2009- Bhanwar Singh and others V/ s State of Haryana and others. As on 10.04.2012 i.e. a day before the enforcement of the `Haryana State Education School Cadre (Group B) Service Rules, 2012, there were 1539 sanctioned posts of Headmasters, High School in Education Department, Haryana and the number of 7% posts meant for Sanskrit Teachers promotion quota comes to 108 posts. At this stage, 104 persons already promoted from the Sanskrit teachers were working as Headmasters or Principals. Out of said 104 Headmasters/ Principals, 75 persons were those who were appointed as Sanskrit Teachers on regular basis after 16.09.1982 and who were earlier promoted as Headmasters or Principals, but do not fall Arto.. • in the ambit of 7% quota. The remaining 29 Headmasters were those who were appointed as Sanskrit Teachers on regular basis on or prior to 16.09.1982 and these persons are entitled to hold the posts of Headmasters as per their seniority. Accordingly, reversions of Sanskrit Teachers appointed/ regularized after 16.09.1982 was made vide order dated 23.07.2013 from the posts of Principal/ Headmaster of Senior Secondary/ Secondary School, as the case may be. Simultaneously, vide separate order dated 23.07.2013, 56 senior Sansksrit teachers were promoted as headmaster high schools and vide ibid order 23 posts were kept reserved for want of requisite ACRs. Thereafter, Civil 4 Writ Petition No. 16248 of 2013 titled as Bahadhur Singh & Others Versus State of Haryana was filed in Honble Punjab & Haryana High Court, who vide its order dated 04.04.2014 directed as under:- The present writ petition is allowed. Impugned orders dated 23.07.2013 (Annexures P-9 to P-25) are hereby set aside. Liberty is, however, granted to the respondents to pass a well-reasoned and speaking order after giving an opportunity of personal hearing to the petitioners. In view of the above, CM No. 574 of 2014 filed by the State for vacation of stay has been rendered infructuous. Application is disposed of accordingly. It may be added here that some additional please which have been taken by the petitioner in the affidavit, which has been taken on record through CM No. 4301 of 2014, which pleas shall be available to the petitioners to be taken before the respondents by way of representation at the time of personal hearing which shall also be considered by the respondents while deciding the claim of the petitioners. Accordingly, a notice was issued vide letter No. 6/43-2014 HRG- 11(1)1, dated 21.05.2014 to the said petitioner for personal hearing. Finally, the as fixed for hearing on 10.06.2014 and the incumbent was represented y his counsel Shri Ram Niwas Sharma. A written representation has also been submitted by the incumbent. Counsel for the petitioner stated that the department has brought out a seniority list showing eligible candidates on 30.09.1988 i.e. combined seniority list of eligible Sanskrit Teachers. He further stated that firstly the Headmasters were promoted as per court orders on 18.01.2002 and thereafter, some senior Headmaster became Principals on 23.07.2007. He emphasized that on 21.05.2014 show cause notice was issued for giving hearing and making representation, in view of High Court orders. He further emphasized 5 that as on 10.04.2012, Sanskrit Teachers quota has been calculated as 108 under 1998 Rules and accordingly, show cause notice has been issued to all the incumbents, who were having seniority position above Sr. No. 108. He stressed that as on 10.04.2012, 40 persons have retired, whose date of birth was 01.04.1954 or previous to that and one person has died and accordingly, by adding these vacancies, the cut off should be upto seniority no. 148. He further stressed that these retired incumbents were mostly already promoted as Principal and 63 Headmasters were made Principal and these all should be considered vacant, as far as quota is concerned. He submitted that seniority should be considered as cut off upto Sr. No. 211 and accordingly, all these promotions are within in seniority which is already available for promotion. He further submitted that 3 Sanskrit Teachers had actually directly joined as Headmaster, so they cannot be considered as occupying the quota post and thereafter, cut off is applicable upto Sr. No. 217, as 3 persons have expired. He emphasized that while the date of promotion may change; their promotion remains intact. He stated that on 11.04.2012, when the new Rules were notified by the department, two category of Headmaster High Schools (Group-B) and Elementary School Headmaster (Group-C) posts were created and further on 13.06.2013 promotion list released and 728 vacant posts filed p and stations given and thus, persons falling on the seniority may be vs Considered as eligible for Elementary School Headmaster. He further stated that from Sr. No. 792 to 868, all Sanskrit Teachers became Headmasters of High School i.e. Sanskrit Teacher regularized upto 30.09.1988 were promoted on 10.02.2014. He submitted that the petitioners case could not be considered because, he had already been promoted but had a right for consideration and thus, all these petitioners are eligible to become Headmasters of High Schools because of their seniority and therefore, they may not be reverted. He further stated Sr. No. 162 - Shri Sadhu Ram Manheru has been ordered to be reverted vide order dated 25.01.2014, whereas in civil writ 6 petition, his reversion has been stayed on 25.03.2014 and thus, Honble High Courts stay may be used as precedents for all these cases. I have gone through the connected files in details, contents of writ petition and order dated 30.07.2013 passed by the Honble Punjab 85 Haryana High Court, show cause notice issued and reply thereof, written arguments and arguments put forth at the time of hearing, connected provisions of Haryana State Education (School and Inspection Cadre) (Group - B) Service Rules, 1998 and Haryana State Education School Cadre (Group B) Service Rules, 2012 and Mewat District School Education (Group B) Service Rules, 2012 and various rulings in the matter. Before proceeding further in the matter, the following issues need to be decided:- 1. Whether, Sanskrit Teachers can be promoted as Headmasters High Schools under Haryana State Education (School and Inspection Cadre) (Group - B) Service Rules, 1998, after the enforcement of Haryana State Education School Cadre (Group B) Service Rules, 2012? 2. Whether, persons having qualifications of Shiksha Shastri, OT Sanskrit and LTC Sanskrit can be treated as qualifications of B.Ed. as prescribed in the Rules of 1998? 3. Whether, in view of the High Court and Apex Court judgements dated 03.03.2008 and 23.09.2011, senior persons can be promoted as Headmasters High School by ignoring the claims of petitioners only? So far as first issue is concerned, it has been clearly held in Honble Apex Court judgement in Civil Appeal Nos. 2208-2209 of 2013 titled as State of U.P. 84 Others Versus Mahesh Narain etc. decided on 06.03.2013 cited in 2013(3) RSJ 371 that amendment in rules cannot be enforced on the existing incumbents who became due for promotion as per old rules. Thus, the persons who were eligible as on 10.04.2012 i.e. before the enforcement of `Haryana State Education School Cadre (Group B) Service Rules, 2012, fall within the ambit of promotion as Headmaster High School. The issue is decided accordingly. 7 So far as second issue is concerned, it has been clearly held in Honble High Court judgement dated 03.03.2008 enunciated above that the said degrees of Shiksha Shastri, OT Sanskrit and LTC Sanskrit are equivalent to B.Ed. The said view has been endorsed by Apex Court in its judgement dated 23.09.2011. It has been further held in the High Court judgement that as the incumbents with the said qualifications are eligible for direct appointment as headmaster under the rules of 1998, hence under no eventuality the incumbents with these qualifications can be denied promotion to the post of headmaster from amongst Sanskrit Teachers under the said rules. The issue is decided accordingly. So far as third issue is concerned, there is not a scintilla of doubt that in view of findings in issue no. 1, and details enunciated in the preceding paragraph(s), a total of 108 persons can be placed in position against promotion quota to the post of headmaster high school from amongst Sanskrit Teachers as on 10.04.2012 i.e. before the enforcement of Haryana State Education School Cadre (Group B) Service Rules, 2012 and Mewat District School Education (Group B) Service Rules, 2012. Further, it is very much clear that the said quota complete even on 10.04.2012 i.e. a day before the enforcement of the Rules of 2012, as detailed above, if persons already promoted and further promoted from amongst Sanskrit Teachers, appointed/ larized upto 16.09.1982 are counted. It is true that as per Apex Court judgement dated 23.09.2011, the cases of petitioners are to be considered for promotion. But, at the same time, this fact cannot be denied that no junior person can be promoted by ignoring the claim of the senior person, especially in the light of the fact that the appointment of the said incumbent has been made quite well after 16.09.1982 being regularized on 30.09.1988. Further, as concluded in issue no. 1, promotion quota available as on 10.04.2012 can be filled under old rules and in addition the judgement of Honble High Court dated 03.03.2008, wherein the candidates with the qualifications of Shiksha Shastri and OT treating equivalent to B.Ed., have attained finality upto Honble 8 Apex Court vide judgement dated 23.09.2011 supports the same. This is the cardinal principle of service jurisprudence that those who are senior in terms of date of appointment are eligible for promotion and as a consequence of the same, they have to be adjusted within their quota. Accordingly, anomalous situation of junior promoted and senior not promoted cannot be allowed to continue. In view of the factual position explained above, it is clear that even a single Sanskrit Teacher whose services were regularized after 16.09.1982 cannot be promoted / retained as Headmaster and the department has been left with no other alternative except to revert all the Headmasters/ Principals who were promoted from Sanskrit Teachers appointed/ regularized after 16.09.1982. In the light of above, Ms. Anil Kumari, Headmistress, GGHS, Thanesar(Kurukshetra) is reverted to the post of Post Graduate Teacher from which promotion as Headmistress High School was made under the Haryana State Education (School and Inspection Cadre) (Group - B) Service Rules, 1998 erroneously, as detailed above. Further, the incumbent is at liberty to avail of the opportunity of further promotion in accordance with the Haryana State Education School Cadre (Group B) Service Rules, 2012 and Mewat District School Education (Group B) Service Rules, 2012. Furthermore, the incumbent is well within its jurisdiction to put up her claim for promotion as on 10.04.2012 or earlier, in case vacancy in the quota of Sanskrit Teachers to the post of Headmistress High School fall on account of promotion of senior persons to the post of Principal, Senior Secondary Schools or otherwise due to retirement etc. too, as the case may be. I order accordingly. REGISTERED (Sari Additional Chief Secreta to Govt. of Haryana, To School Education D partment, [030841] Smt. Anil Kumari,Headmistress, Chandigarh. Government Girls High School, Nath Mandir, Thanesar (Kurukshetra) [2452]
Posted on: Thu, 17 Jul 2014 13:20:46 +0000
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