MOHAN LAL GROVER Vs. THE DIRECTOR OF PUBLIC INSTRUCTIONS (S) AND OTHERS
LAWS(P&H)-1990-11-113
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 15,1990

MOHAN LAL GROVER Appellant
VERSUS
DIRECTOR OF PUBLIC INSTRUCTIONS AND OTHERS Respondents

JUDGEMENT

- (1.) The petitioner is working as a Social Studies Master at Government Senior Secondary School, Jallalabad, District Ferozepur. During the course of his employment, he became physically handicapped because his left leg was shortened in an accident. He walks only with the help of crutches.
(2.) A master in a school can seek promotion to the post of Lecturer or Headmaster. It is not disputed that the appointing authority of the Lecturer/Headmaster is the Director of Public Instructions (Schools). Vide order dated 9/15th September, 1988 (Annexure P-1), petitioner was appointed as a Lecturer purely on temporary and ad hoc basis in his own salary and pay-scale at Government Senior Secondary School (Girls), Jallalabad West (Ferozepur) against a newly created post. Many other Masters were similarly appointed in various school. The order appointing the petitioner and others was also endorsed to the District Education Officer concerned as well as to the petitioner and other similarly situated person. In the endorsement to the District Education Officer by the Deputy Director for Director Public Instructions, Punjab, it has been mentioned as under (Translation from Vernacular) : "It is also clarified that before relieving the employees, their up-to-date confidential reports/attendance reports, M.A./B.T./B.Ed. degrees, educational qualifications, M.A. pass, M.Sc. pass and the permission to pass these examinations etc., etc., all the documents may kindly be checked. The employee be relieved only after all the documents have been found satisfactory. Affidavit may also be obtained from the concerned employee (option) whether he wants to be promoted as Head master or Lecturer." In spite of this order, Annexure P-1, appointing the petitioner as Lecturer, he was not issued formal orders by the District Education Officer allowing him to join at the place of his appointment. The petitioner is alleged to have made some representations but these did not bear any fruit. However, vide order dated 24th November, 1988 (Annexure P-3) one Raj Kumar Verma was issued appointment letter appointing him as Lecturer at the same place where the petitioner had been appointed. This order was issued by the Director of Public Instructions in the same terms as the earlier order which was issued to the petitioner.
(3.) The petitioner in this writ petition impugns the action of the respondents in not allowing him to join as a Lecturer at Government Senior Secondary School (Girls), Jallalabad West (Ferozepur) in spite of the order of the Director of Public Instructions dated 9-15th September, 1988 (Annexures P-1) and instead appointed Raj Kumar Verma, respondent No. 3, in his place.;


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