High Court Punjab-Haryana High Court

Devinder Kaur vs State Of Punjab And Others on 31 August, 2009

Punjab-Haryana High Court
Devinder Kaur vs State Of Punjab And Others on 31 August, 2009
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH


                                              C.W.P. No. 13594 of 2008
                                    DATE OF DECISION: August 31, 2009

Devinder Kaur                                          .........PETITIONER(S)


                                   VERSUS



State of Punjab and Others                             ......RESPONDENT(S)


CORAM: HON'BLE MR. JUSTICE AJAI LAMBA


Present: Mr. Sukhpal Singh, Advocate,
         for the petitioner.

          Ms. Charu Tuli, Sr. DAG, Punjab.


AJAI LAMBA, J. (ORAL)

This petition has been filed under Articles 226 and 227 of the

Constitution of India praying for issuance of a writ in the nature of

mandamus directing the respondents to consider the case of the petitioner

for promotion as Head Mistress and to promote her as Head Mistress in

view of the qualification of the petitioner.

It has been pleaded that the petitioner joined department of

Education, Punjab as S.S. Mistress on 04.12.1973. Her services were

regularized on 01.04.1977. In March 2006, cases from women category

were called for consideration for promotion to the post of Head Mistress.

The case of the petitioner was submitted alongwith all relevant details for

promotion. The name of the petitioner, however, does not find mention in

the list of persons promoted. The matter was pursued not only by the

petitioner but by the other authorities also. It has been asserted that the
C.W.P. No. 13594 of 2008 -2-

petitioner is eligible in all regards in so much as the annual confidential

reports of the petitioner are good. It has been asserted that pick and choose

method has been adopted by the respondents.

Reply has been filed by way of short affidavit of Ms. Harcharanjit

Kaur Brar, Director of Public Instructions (Secondary Education), Punjab

on behalf of respondents no. 1 to 4. It has been brought out that vide Punjab

Government order dated 16.12.2008, the petitioner has been promoted as

Head Mistress w.e.f. 16.12.2008 i.e. the date from which juniors to the

petitioner had been promoted. The petitioner has been posted as Head

Mistress in Government High School, Jarjpur (Kapurthala). Despite orders

of promotion and posting, the petitioner has not joined. It has been further

stated that the cause of action does not survive in view of orders of

promotion, placed on record as Annexure R-1.

A perusal of Annexure R-1 i.e. order of promotion of the

petitioner and Annexure R-2 i.e. the order of posting/appointment shows

that cause of action does not survive.

The petition is disposed of as having been rendered infructuous.

31.08.2009                                                (AJAI LAMBA)
shivani                                                       JUDGE


1. To be referred to the reporters or not?

2. Whether the judgment should be reported in the Digest?