M.L. Singhal, J. - (1.) This is petition filed under Article 226 of the Constitution of India by Mohinder Singh Shergil, Lecturer, Govt. Senior Secondary School, Rurki Khas Distt. Hoshiarpur against State of Punjab and others whereby he has prayed for the issuance of a suitable writ order or direction especially in the nature of mandamus for revised promotion as lecturer in Commerce from the date persons junior to him have been promoted vide order No. 11/33-95 Estt-1(3-5) dated 20.11.1995 (Annexure P-10). Promotions of the Juniors by ignoring the senior master to the post of lecturer is illegal arbitrary, malafide and violative of Articles 14 and 16 of the Constitution of India. Petitioner has prayed for direction to the respondent to consider his case for revised promotion to the post of lecturer in Commerce and give him promotion from the date persons junior to him have been given promotion with all the consequential benefits.
(2.) Facts: Petitioner-Mohinder Singh Shergil matriculated in 1st Division on November 30,1976. His date of birth was December, 16,1960. He passed M. Com. frorr Himachal Pradesh University securing IInd Division under Roll No. 44280 vide certificate copy of which is Annexure P.2. He passed Bachelor of Education (B.Ed.; from Guru Nanak Dev University under Roll No. 1409 on July 23,1987 in Hire Division vide certificate copy of which is Annexure P-3. He passed M.Ed Examination under Roll No. 51120 is IInd division from the Himachal Pradesh University, Shimla on 2.4.1997 vide certificate copy of which is Annexure P-4. He passed M.Sc. in Mathematics in April, 1988 under Roll No. 11662 in the 1st Division from Guru Nanak Dev University, vide certificate copy of which is Annexure P-5. He had thus good academic record. Petitioner was appointed on temporary basis through Employment Exchange as Mathematics Master vide appointment letter dated 21.1.1983 copy of which is Annexure P-6. He passed B.Ed., M.Ed. and M.Sc. Examinations after getting prior permission from the Department of Education to appear at these Examinations which was granted to him. Petitioner in compliance with the order of the DEO issued vide No. Estt-2/Temp Apptt.-Master-83/8877-8879 dated 2.2.1983, joined as Maths Master at Govt. Middle School, Garhi-Fateh-Chak, District Jalandhar on February 3,1983 as temporary Maths Master against regular post vide joining report copy of which is Annexure P-7. He was appointed as Mathematics Master vide order dated 11.2.1986, copy of which is Annexure P-8. in compliance with the orders of the DPT (Schools) Punjab, regularising the services of the petitioner with effect from 1.4.1985 he joined at Govt. High School, Bhakhlaur vide joining report copy of which is Annexure P-9.
(3.) Avtar Singh-respondent No. 3 was appointed as Science Master in Govt. Middle School, Cheta in October, 1983. As such, Avtar Singh - respondent No. 3 was junior to him having joined much later than him. He applied to the DPI (Schools) Punjab Chandigarh for promotion as lecturer through proper channel i.e. through District Education Officer, Hoshiarpurinthe year, 1995, DPI (Schools) Punjab promoted the eligible persons on the basis of seniority as Lecturers in various subjects. Avtar Singh-respondent No. 3 was promoted as Lecturer in Commerce in Govt. Senior Secondary School, Kot Fatuhi vide DPI (Schools) Punjab order dated 20.11.1995 copy of which is Annexure P-10. Petitioner made various representations and paid personal visits also to the office of DPI (Schools) Punjab-respondent No. 2 that his junior has been promoted as Lecturer in Commerce whereas he has been left out though he was senior. No action was taken on his representation. DPI (Schools) Punjab considered his representations and issued order alongwith other candidates who were much juniors to him and promoted him as Lecturer in Commerce being a left out case at Sr. No. 6 of the order dated 14.8.1997, copy of which is Annexure P-11. He was posted in Govt. Senior Secondary School, Aur (Nawanshahr). Meanwhile, the petitioner also received order dated 14.8.1997 issued by the DPI (Schools), Punjab in which he was promoted as Lecturer in Mathematics at Sr. No. 138 vide order copy of which is Annexure P-12. In response to the order dated 14.8.1997 (Annexure P-12) he joined as Lecturer in Mathematics on 10.9.1997 (AN) in Govt. Senior Secondary School, Rurki Khas, District Hoshiarpur vide joining report dated 10.9.1997, copy of which is Annexure P-13. He made representation to the DPI (Schools) Punjab on 22.12.1997 that he should be given benefit of revised promotion as was given to his juniors vide letter dated 20.11.1995, copy of which is Annexure P-14. Petitioner is senior to Avtar Singh-respondent No. 3. He joined much earlier to him. He (Avtar Singh) was given promotion as Lecturer in Commerce in 1995 while he was left out, which is against the directions given by this Court in CWP No. 3399 of 1996 decided on 6.5.1998 and CWP No. 16861 of 1996 decided in the case of Hari Krishan ARO v. State of Haryana and others . Grievance of the petitioner is that he should have been ahead of respondent No. 3 so far as promotion is concerned. He joined service as master earlier to him. Not only respondent No. 3 who is junior to him was promoted but also other masters who were at Sr. Nos. 81,88,89,90,95 and 97 were promoted. Promoting the juniors and ignoring the senior, tantamounts to usurping the right of the petitioner. By promoting juniors and ignoring senior, Article 14 of the Constitution of India has been violated. Persons affected by the un-settlement of seniority had to be heard. It is against the principle of audi alterm partem.;