- (1.) The petitioner who has been appointed as Science Mistress in the category of Sports Female (General) in terms of appointment letter, dated 16.2.2009, has filed the present petition raising a claim that she be granted appointment with effect from the same date, i.e. 8.12.2006, when other applicants/candidates relating to the same very selection process had been granted appointment.
(2.) The department of School Education, State of Punjab issued advertisement No.2/2006 wherein 2614 posts of teachers had been advertised. Out of such total of 2614 posts, there were 500 posts of Science teachers and 500 posts of Maths teachers. Out of such advertised posts, 2% posts i.e. 52 out of 2614 were reserved for sports persons. As such, out of the 500 posts of Science and Math teachers each, 10 posts each (5 male+5 female) were reserved for sports persons. The petitioner applied for the post of Science as well as Maths teachers against the sports category. The petitioner asserts that she possesses a "C" grade sports gradation certificate issued by the Director, Sports, Punjab. Despite being eligible, the petitioner was not given appointment either as Science or Maths teacher. The petitioner sought information under the Right to Information Act and was informed that no candidate had been selected and appointed as a teacher in the Sports category. Under such circumstances, the petitioner was constrained to file Civil Writ Petition No.12402 of 2008. During the pendency of the aforementioned writ petition, the petitioner was issued an appointment letter dated 16.2.2009 appointing her as Science Mistress in the Sports Female (General) category. Civil Writ Petition No.12402 of 2008 was disposed of on 5.10.2009 as having been rendered infructuous, and liberty was granted to the petitioner to file a representation as regards her claim for arrears/benefits to such appointed post from an earlier date.
(3.) Learned counsel appearing for the petitioner contends that even though a representation has been submitted towards raising a claim for appointment w.e.f. 8.12.2006 and in support thereof, reliance has been placed upon the appointment letter, Annexure P4, appended along with the present petition whereby an applicant/candidate in response to the same very advertisement and selection process had been granted appointment on 8.12.2006, but still the same benefit was not being admitted to the petitioner for no fault of hers.;