K. Kannan - (1.) THE petitioners who are JBT teachers seek for a mandamus to grant the selection grade on the total number of posts which they claim as possible by virtue of the decision of this Court reported in Ram Nath Chandok and others Vs. State of Punjab and others(1986) 2 SLJ 41 as affirmed by the Division Bench of this Court in LPA No.135 of 1986. THE petitioner's contention is that in the light of the judgment the respondents have admitted that the selection grade would be granted to the number of posts which were in the establishment and it would have no bearing to whether the said posts were against the regular appointment or adhoc service. According to the learned counsel appearing for the petitioner, the relief for consideration in the writ petition is whether the petitioners are seniors over some of the persons working in the same establishment who have been granted the selection grade while the CWP No. 1758 of 1992 2 petitioners have been deprived of such a benefit. I cannot admit of such a contention to be urged when the seniority list is not even in challenge. I cannot also allow for the selection grade to be granted to the petitioner when according to the petitioner there are juniors who have been granted the benefit, so long as they have not been impleaded as parties in this case.
(2.) IT must be observed that the fixing of some of the posts as eligible for selection grade would obtain relevance to make appropriate budgetary allocations for accommodating the claims of persons who are eligible for such scales of pay. If in the reckoning of the petitioner the respondents wrongly allowed the juniors for eligibility within the number of posts that became eligible for the claim to selection grade, the petitioner was bound to have impleaded all these persons who were juniors and to whom according to the petitioner the selection grade had been wrongly given. The relief claimed without challenging the seniority list and without impleading the so called juniors is therefore untenable. Learned counsel for the petitioner states that there should be a direction for the respondents to finalize the seniority list, identify the persons in the number of posts who were eligible for the grant of selection grade and issue such orders for grant of the benefit to the petitioners who would fall within the identified posts that were eligible for the selection grade in the appropriate seniority list that has to be drawn. I cannot give such a direction where the relief claimed in the writ petition is alien to what is now sought by the oral submissions. The petitioner had not taken steps during the pendency of the case all these years except to point out that the contentions raised by the defendant in the written statement were not correct and that the seniority list drawn was erroneous. Mere assertions cannot secure to the petitioner what they claim as legal CWP No. 1758 of 1992 3 entitlement.
(3.) THE writ petition ought to fail and therefore is dismissed.;