Augustine George Masih, J. - (1.) Petitioner has approached this Court praying for quashing of the order dated 16.12.2009 (Annexure P-9) vide which the claim for stepping up of his pay at par with his junior Hari Singh, who belongs to Backward Class Category and has been promoted as Head Master prior to the petitioner because of the reservation, has been declined.
(2.) Counsel for the petitioner contends that the petitioner was appointed as Master on 2.1.1973 whereas Hari Singh, who belongs to the Backward Class Category was promoted as a Master on 28.6.1983. Hari Singh was promoted to the post of Head Master on 20.2.1985 whereas the petitioner was promoted as Head Master on 22.8.2002. In the light of the instructions dated 5.3.2009 (Annexure P-8), petitioner is entitled to stepping up of his pay and allowances notionally from the date his junior, on the basis of reservation, was promoted. It was further clarified vide instructions dated 23.11.2009 (Annexure P-10) that the benefit of the instructions dated 5.3.2009 will not be restricted to any particular cadre and it will be applicable to all the departments. Petitioner had claimed the said benefit which was declined by the respondents by passing a cryptic order dated 16.12.2009 (Annexure P-9) without assigning any reasons. This order is challenged by the petitioner in the present writ petition, which the counsel contends, is not sustainable.
(3.) On the other hand, counsel for the respondents has submitted that the benefit, as claimed by the petitioner in the present writ petition, cannot be granted to him as the instructions dated 5.3.2009 were only restricted to ministerial staff. He further contends that the petitioner is not entitled to the said benefit as the instructions dated 23.11.2009 came into effect after the promotion of the petitioner which would dis-entitle him of the claim which has been made by him through the present writ petition. He, on this basis, contends that the present writ petition is devoid of any merit and deserves to be dismissed.;