G.R. Majithia, J. - (1.) The petitioner has sought a mandate from this Court to the respondents to treat her as haring been promoted as Senior Mistress in H.E.S. Ill (Non-Gazetted) School Cadre Women Branch with effect from September 30, 1970 and to grant her all the consequential benefits and to refix her seniority as Headmistress over Respondents No. 2 to 4.
(2.) The facts:- The petitioner was appointed as S.S. Mistress in the year 1960. She was transferred from Rohtak to Gurgaon in 1967 and remained posted there until 1975. In the Gradation List, as it stood on January 1, 1979, the petitioner was senior to respondents 2 to 4. The petitioners juniors were promoted as Headmistresses in the year 1970. The petitioner was promoted as officiating Headmistress in H.E.S. (non-Gazetted) Class III School Cadre ride order dated May 11,1975 On July 7,1976, another order was issued indicating that the petitioner had been promoted as Senior Mistress in HES III (Non-Gazetted) School Cadre (Women Branch) with effect from September 30, 1970. The petitioner made representations to respondent No. 1 that she was senior to respondents 2 to 4 but she was shown junior to them in the Gradation List of Headmistresses as it stood on January 1, 1985. If she had been treated to have been promoted with effect from September 30, 1970, she would be senior to respondents 2 to 4. She says that the order dated July 7, 1976 (copy Annexure P-2 to the writ petition) hadi not been given effect to.
(3.) On behalf of respondent No. 1 written statement has been filed by Shri Yoginder Kumar, Assistant Director School Establishment. The factual averments made in the writ petition have not been controverted.;