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Judgement cum Complianced Report as on Dated 21-Jan-15
Sr.No. CaseNo/Branch
1
Title
CWP 10056/14 Narender Kumar
HR(G-II)
& Ors.
v/s
State & Ors.
21-01-2015
Subject
Reg.Promotion to
the post of
Headmsster High
School from the
post of Elementary
Headmaster
Judgement Date
22-05-2014
Judgement
In view of the statement made by the
counsel for the petitioners and without
going into the merit of the case or
commenting thereon, the
present writ petition is disposed of with
directions
to
the
Financial
Commissioner-cum- Principal Secretary,
D e p a r t m e n t
o f
Education,Haryana-respondent No.1 to
consider and decide the representations
(Annexures P-3 to P-7) within a period of
three months from the date of receipt of
certified copy of this order.
In case the claim of the petitioners is not to
be accepted, then a well reasoned and
speaking order be passed and conveyed to
the petitioners
forthwith.
Received Date
16-06-2014
Compliance Date
15-09-2014
Compliance By
Directorate
Remarks
Copy of the
representation not
attached with court
orders. Representation
has been called from the
petitioner
Page 1 of 40
Sr.No. CaseNo/Branch
2
Title
CWP 11464/14 Hari Singh Rathi
PEN-I
& Ors.
v/s
State & Ors.
21-01-2015
Subject
Reg.Re-consolidate
pension and family
pension of the
petitioners by
allowing 40%
fitment weightage
on existing
pension/family
pension
Judgement Date
30-05-2014
Judgement
Counsel for the petitioner states that the
petitioners will be satisfied if it is ordered
that Principal Secretary to Government of
Haryana,
Education Department, Haryana shall
consider this writ petition as
representation and decide the same in
terms of ratio of judgment passed by a
Division Bench of this Court in Debi Singh
Deswal and ors. v. State of Haryana, CWP
No.15479 of 2012, decided on 17.02.2014.
The officer concerned is directed to treat
this writ petition as representation and
decide the same in terms of the order
passed in Debi
Singh Deswal's case (supra) and R.K.
Aggarwal and others v. State of Haryana
and others in Civil Writ Petition No. 19641
of 2009, decided on 21.12.2012.
Needful shall be done as per law within a
period of two months from the date of
receipt of copy of this order as well as writ
petition.
Disposed of accordingly
Received Date
21-07-2014
Compliance Date
20-09-2014
Compliance By
Directorate
Remarks
This CWP decided in the
terms of CWP
No.15479/12 titled as
Debi Singh Vs.State.
Necessary Documents
for filing SLP in Debi
Singh's case has been
submitted in the Legal
Cell, Haryana
Page 2 of 40
Sr.No. CaseNo/Branch
Title
Subject
3
CWP 11605/14 Umed Singh &
PEN-I
Ors.
v/s
State & Ors.
Reg.Release Pension
and other
consequential
benefits like arrear
etc. by granting 40%
fitment weightage
on existing
pension/family
pension by merging
50% of D.A
4
CWP 11626/14 Anil Kumar
HR(L)
Gupta
v/s
State of Haryana
& Ors.
Reg.Promote the
petitioner asf
Lecturer in Math
from the date his
junior promoted
21-01-2015
Judgement Date
Judgement
Received Date
30-05-2014
In view of the statement made by the
counsel for the petitioners and without
going into the merit of the case or
commenting thereon, the
present writ petition is disposed of with
directions to the Director General of School
Education, Haryana, Shiksha Sadan,
Panchkula and Director Elementary
E d u c a t i o n ,
H a r y a n a ,
Panchkula-respondent Nos.2 and 3 to
consider and decide the legal notice dated
19.03.2014 (Annexure P-5)
within a period of three months from the
date of receipt of certified copy of this
order.
In case the claim of the petitioners is
accepted, the consequential benefits, if any,
be released to them, in accordance with
law,
within a further period of one month.
In case the claim of the petitioners is not to
be accepted, then a well reasoned and
speaking order be passed and conveyed to
the petitioners forthwith.
01-08-2014
30-05-2014
In the light of the statement made by the
counsel for the petitioner, in case the
petitioner files a detailed representation to
the Financial Commissioner and Secretary
to Government of Haryana, Department of
Education-respondent No.1 and the
Commissioner-cum-Director
General
School Education, Haryana-respondent
No.2 within a period of three weeks from
today, the same shall be considered and
decided by these respondents within a
period of two months of submission of such
representation. Decision so taken be
conveyed to the petitioner forthwith.
Petition stands disposed of accordingly.
18-06-2014
Compliance Date
30-11-2014
Compliance By
Remarks
Directorate
This CWP decided in the
terms of CWP
No.15479/12 titled as
Debi Singh Vs.State.
Necessary Documents
for filing SLP in Debi
Singh's case has been
submitted in the Legal
Cell, Haryana
Directorate
Draft of speaking order
sent to Legal Cell for
vetting
Page 3 of 40
Sr.No. CaseNo/Branch
Title
5
CWP 1169/08
PEN-I
6
CWP 11869/00 Girwar Singh
HR(AS)
v/s
State & Ors.
21-01-2015
Baljeet Kaur
v/s
State & Ors.
Subject
Reg.Exgratia
Appointment
Quashing of
termination order
passed by
Management
Judgement Date
Judgement
18-08-2008
In the circumstances, we dispose of these
writ petitions and direct the respondents to
consider the claim of the petitioner(s)
afresh
in
the
light
of
instructions/rules/applicable at the time
of death of the Govt.Employee
19-07-2013
The petitioner is entitled to give his salary
particulars from the date of his
termination of service till the age of
superannuation and send a communication
through a registered post making a
demand for the amount which is due and
payable with a copy mark to the State
functionary as well. On such receipt, the
respondent-Management shall pay the
amount after satisfying itself about the
correctness of
the minimum scale applicable. The
amounts shall be released with interest at
9% from the respective date when they fell
due till the
date of payment. The State shall also
ensure that the amount is duly released
within the period as stipulated and secure
compliance report from the school. The
State shall also be at liberty to take
appropriate
action
for
the
misappropriation of funds that is clearly
evident from the facts disclosed in this writ
petition. It shall also be ensured that
if the amounts are not paid, appropriate
action as provided under the Act for
non-compliance of direction of statutory
breach is taken
against the management.
7. Both the writ petitions are ordered as
above.
Received Date
23-08-2013
Compliance Date
Compliance By
Remarks
Directorate
SLPfiled in the Hon'ble
Apex Court and
contempt has been
dismissed on 18.08.09.
(Asstt.I). Issue notice on
application seeking
condonation of delay as
well as in the Special
Leave Petition In the
meantime, operation of
the impugned judgment
shall remain stayed.
Directorate
The full payment of
salary of the petitioner
is to be made by the
management. No action
regarding the payment
is required to be taken
by the department.
Page 4 of 40
Sr.No. CaseNo/Branch
7
Title
CWP 12151/11 Saraswati Vidya
HR(PS)
Mandir
Sr.Sec.School
Siha
v/s
State & Ors.
Subject
Reg.Permanent
Recognition
Judgement Date
18-10-2012
Judgement
For orders, see Civil Writ Petition
No.10273 of 2010 (Modern Hind Senior
Secondary School, village Khori Lalan,
Tauru, District Mewat Vs. State of Haryana
and others, decided on October 18,2012.
ORDER OF CWP NO.10273 OF 2010
The students, who have been admitted
without any fault on their part, cannot be
made to suffer for this illegal action of the
petitioner schools. Accordingly, their result
which has been declared is ordered to be
regularised but this is no reason to permit
the
petitioner schools to escape responsibility
for this action which is required to be
curbed so as to avoid its reoccurrence in
future by any
Institution. The case, thus, is made out to
burden the petitioners-Institutions with
costs of `6,000/- per students admitted by
petitioner -institutions in those classes for
which the petitioner-institutions did not
have recognition or affiliation from the
competent authority as is required by the
statute. Half of the cost imposed shall be
deposited in
the accounts of Legal Services Authority,
Haryana and the remaining half shall be
deposited in the Medication and
Conciliation Cell functioning in this Court.
The writ petitions otherwise are disposed
of
with the above directions.The copy of the
order be sent to the Director, School
Education,
Haryana,
for
ensuring
compliance of the order.
The copy be also forwarded to the
Advocate General, Haryana to ensure that
the orders are properly complied with and
implemented to recover the costs/damages
and these are deposited in the appropriate
21-01-2015
Received Date
29-11-2012
Compliance Date
Compliance By
Directorate
Remarks
.7/14-2011 PS(2).
Sh.Jaiveer Singh Dhanda
Dy.Director vide order
No.7/14-2011 PS (3) dt.
20.06.14 has been
appointed as Inquiry
Officer to calculate the
amount which is to be
recovered from the
schools on the basis of
students admitted
without recognition. The
report is still awaited
Page 5 of 40
Sr.No. CaseNo/Branch
Title
Subject
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
head as directed above.
8
CWP 13157/14 Neena Budhwar
HR(G-I)
v/s
State & Ors.
Reg.Ante-dated
Promotion for the
post of Principal
w.e.f. 20.07.07
9
CWP 13535/14 Rohtash
HR(G-I)
v/s
State & Ors.
Reg.Action against
BEO Siwani due to
misconduct and
misusing the power
21-01-2015
10-07-2014
In view of the statement made by the
counsel for the petitioner and without
going into the merit of the case or
commenting thereon, the
present writ petition is disposed of with
directions to the Principal Secretary to
Government of Haryana, Education
Department-respondent No.1 to consider
and decide the representation dated
20.02.2014 (Annexure
P-7) within a period of three months from
the date of receipt of certified copy of this
order by passing a speaking order. The
decision so taken be conveyed to the
petitioner forthwith.
21-07-2014
20-10-2014
Directorate
The matter is kept
pending due to not
fixation of seniority of
Lecturers. But now the
file put up to Higher
Authority for given
ante-dated promotion
benefit
16-07-2014
Having heard the learned counsel for the
petitioner and without expressing any
opinion on the merits of the case, including
the issue of limitation, if any, the Director
General Secondary
Education, Haryana-respondent No.2 is
directed to look into the matter, consider
the grievance of the petitioner, raised vide
his legal notice dated 18.4.2012 (Annexure
P-5) and decide the same, at an early date
by passing an appropriate order thereon, in
accordance with law, but in any case
within a period of two months from the
date
of receipt of a certified copy of this order.
With the observations made above, the
present petition stands disposed of.
28-07-2014
27-09-2014
Directorate
Action to be taken by
DEO Bhiwani. Letter
issued on 21.10.14 and
HRG-I branch has asked
to initiate action against
the BEO Siwani
Page 6 of 40
Sr.No. CaseNo/Branch
Title
Subject
10
CWP 14179/14 Smt.Santosh
HR(ME)
Kumari & Ors.
v/s
State & Ors.
Reg.Revise the
seniority list of the
employees
11
CWP 14201/11 Ghasi Ram
HR(G-I)
v/s
State & ORs.
Reg.Selection/Appo
intment as Principal
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
23-07-2014
In view of the statement made by the
counsel for the petitioners and without
going into the merit of the case of
commenting thereon, the present writ
petition is disposed of with directions to
the Director, Secondary Education,
Haryana-respondent No.2 to consider and
decide the legal notice dated 23.02.2014
(Annexure P-6) within a period of five
months from the date of receipt of certified
copy of this order.
In case the claim of the petitioners is not to
be accepted then a well reasoned and
speaking order be passed and conveyed to
the petitioners forthwith.
22-08-2014
21-01-2015
Directorate
Tentative seniority list
has been issued and
objections invited.
Matter is under process
12-02-2014
That being the position, the impugned
order dated 06.07.2011 (Annexure P-10)
cannot sustain and is hereby set aside.
Direction is issued to the respondent to
appoint the petitioner to the post of
Principal with effect from the date persons
lower in merit than the petitioner have
been issued the appointment. He shall also
be entitled to all the consequential benefits
including the arrears etc.
In the light of the fact that the petitioner is
serving as a Lecturer (Language Teacher),
the difference in pay shall be adjusted by
the
respondent before making payment of the
arrears. The needful be done within a
period of two months from the date of
receipt of certified copy of the order.
The writ petition stands allowed.
01-04-2014
30-06-2014
Directorate
A.G has opined that
matter is fit for filing
SLP. File put up to
W.PSSE for
decision/order for filing
SLP. W.PSSE desired to
know the grounds of
SLP.
Page 7 of 40
Sr.No. CaseNo/Branch
Title
Subject
12
CWP 14311/14 Sahi Ram & Ors.
HR(G-I)
v/s
State & Ors.
Reg.Granting the
date of promotions
w.e.f. 20.07.07 to
the posts of
Principal w.e.f.
which their juniors
were granted
promotions and
further for granting
the benefit of
notional fixation of
their pay
13
CWP 14378/14 Lajwanti & Ors.
PEN-I
v/s
State & Ors.
Reg.Reconsolidate
pension and family
pension of the
petitioners by
allowing 40%
fitment weightage
on existing
pension/family
pension as per the
definition of
existing pension
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
23-07-2014
In view of the statement made by the
counsel for the petitioners and without
going into the merit of the case or
commenting thereon, the
present writ petition is disposed of with
directions to the Financial Commissioner
and Principal Secretary to Government of
Haryana,
School
Education
Department-respondent No.1 to consider
and decide the
representation
dated
13.03.2014
(Annexure P-4) within a period of four
months from the date of receipt of certified
copy of this order.
In case the claim of the petitioners is
accepted, the consequential benefits, if any,
be released to them, in accordance with
law, within a further period of one month.
In case the claim of the petitioner is not to
be accepted, then a well reasoned and
speaking order be passed and conveyed to
the petitioner forthwith.
22-08-2014
21-12-2014
Directorate
The matter is kept
pending due to not
fixation of seniority of
Lecturers. But now the
file put up to Higher
Authority for given
ante-dated promotion
benefit
24-07-2014
In view of above, this writ petition is
disposed of by issuing directions to
respondent No.1-Principal Secretary to
Government of
Haryana, Education Department, Haryana
Civil Secretariat at Chandigarh to look into
grievance of the petitioners and take a
decision
in terms of the ratio of the judgments, as
mentioned above. Needful shall be done
within two months from the date of receipt
of a certified copy of this order.
03-09-2014
02-11-2014
Directorate
This CWP decided in the
terms of CWP
No.15479/12 titled as
Debi Singh Vs.State.
Necessary Documents
for filing SLP in Debi
Singh's case has been
submitted in the Legal
Cell, Haryana
Page 8 of 40
Sr.No. CaseNo/Branch
Title
Subject
14
CWP 14395/14 Krishan Lal
HR(ME)
v/s
State & Ors.
Reg.Regularization
of Service
15
CWP 1445/13
HR(PS)
Reg.Declare the
result of Ist
Semester of Class
10th and 10+2
21-01-2015
Ravinder Singh
& Ors.
v/s
Board of School
Education
Haryana
Bhiwani & Ors.
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
24-07-2014
Having heard the learned counsel for the
petitioner and without expressing any
opinion on the merits of the case, including
the issue of limitation, if any, the Director,
Secondary Education, Haryana-respondent
No.2 is directed to look into the matter,
consider the grievance of the petitioner,
raised vide his legal notice dated 15.6.2014
(Annexure P-3) and decide the same, at an
early date by passing an appropriate order
thereon, in accordance with law, but in any
case within a period of three months from
the date of receipt of a certified copy of this
order.
With the observations made above, the
present petition stands disposed of.
22-08-2014
21-11-2014
Directorate
Action to be taken by
DEO Panipat. Letter
issued on 17.10.14 and
12.11.14 for compliance.
Reminder also issued on
02.12.14.
11-02-2013
In this view of the matter (1) Director,
Secondary Education, Haryana, (2)
Secretary, Haryana Board of School
Education, Bhiwani, (3) District Education
Officer, Palwal, (4) Deputy Commissioner,
Palwal and (5) the Superintendent of
Police, Palwal, are directed to conduct an
inquiry into
this case and ensure that an appropriate
action is taken against respondent no.3,
without any further loss of time, taking the
matter to its logical end, in accordance
with law. An action taken report shall be
submitted before this court by the Director,
Secondary Education, Haryana, Panchkula,
within a
period of three months.
With the observations made above, the
present petition stands disposed of.
13-03-2013
12-06-2013
Directorate
The D.E.O Palwal has
been directed to submit
the report regarding the
action taken by the D.C
and S.P against the
school.
Page 9 of 40
Sr.No. CaseNo/Branch
16
Title
CWP 14671/14 Ram Niwas
HR(L)
Yadav
v/s
State & Ors.
21-01-2015
Subject
Reg.Consider for the
post of PGT
Mathematics
Judgement Date
08-09-2014
Judgement
Without making any observation on merits
and without even going into the
correctness of the averments made in
petition, I deem it appropriate to dispose of
the same in terms of granting liberty to the
petitioner to file a representation as
regards his grievance and
claim. In the eventuality of any such
representation being preferred, respondent
No. 2 would be obligated to consider the
same and to take a final decision
thereupon within a period of six weeks
from the date of submission of the
representation.
Petition disposed of.
Received Date
30-09-2014
Compliance Date
11-11-2014
Compliance By
Directorate
Remarks
The petitioner is eligible
for appointment as PGT
Mathematics but he was
absent in counseling.
Now the Council of
Ministers in its meeting
held on 25.11.14 has
taken decision to
conduct a departmental
inquiry into the
complaints/pending
cases of
recommendations
relating to the
appointment of PGTs
and to give appointment
to them if found eligible
with the approval of
Education Minister. The
matter has been
submitted for approval
of Competent Authority
to inform him
accordingly.
Page 10 of 40
Sr.No. CaseNo/Branch
Title
Subject
Judgement Date
Judgement
Received Date
17
CWP 14680/14 Pankaj Devi
HR(L)
v/s
State & Ors.
Reg.Consider for the
post of PGT Hindi
08-09-2014
Without making any observation on merits
and without even going into the
correctness of the averments made in
petition, I deem it appropriate to dispose of
the same in terms of granting liberty to the
petitioner to file a representation as
regards her grievance and
claim. In the eventuality of any such
representation being preferred, respondent
No. 2 would be obligated to consider the
same and to take a final decision
thereupon within a period of six weeks
from the date of submission of the
representation.
Petition disposed of.
30-09-2014
18
CWP 15479/12 Debi Singh &
PEN-I
Ors.
v/s
State & Ors.
Reg.Pensionary
Benefits
17-02-2014
At the time of the arguments, it was
conceded by both the parties that the issues
involved in the case is squarely covered by
ratio of judgment passed by Division Bench
of this Court in R.K.Aggarwal and others v.
State of Haryana and others in Civil Writ
Petition No.19641of 2009, decided on
21.12.2012.
In this view of the matter, we dispose of all
the writ petitions in terms of the order
passed in R.K. Aggarwal's case supra.
The order passed be implemented qua the
petitioners, who retired before 01.01.2006
and also qua others who are similarly
situated but
have not filed petitions so as to avoid
unnecessary litigation.
17-02-2014
21-01-2015
Compliance Date
11-11-2014
Compliance By
Remarks
Directorate
The petitioner is eligible
for appointment as PGT
Mathematics but he was
absent in counseling.
Now the Council of
Ministers in its meeting
held on 25.11.14 has
taken decision to
conduct a departmental
inquiry into the
complaints/pending
cases of
recommendations
relating to the
appointment of PGTs
and to give appointment
to them if found eligible
with the approval of
Education Minister. The
matter has been
submitted for approval
of Competent Authority
to inform her
accordingly.
Directorate
Necessary Documents
for filing SLP in Debi
Singh's case has been
submitted in the Liegal
Cell, Haryana
Page 11 of 40
Sr.No. CaseNo/Branch
Title
Subject
19
CWP 15854/14 Smt.Saroj
HR(L)
v/s
State & Ors.
Reg.Transfer
20
CWP 15920/12 Shiv Kumar
PEN-I
Sharma & Ors.
v/s
State & Ors.
Reg.Family Pension
Judgement Date
11-08-2014
17-02-2014
Judgement
The petitioner states that the will be
satisfied if her representation is considered
against the transfer, which is now being
made. There shall be direction for
consideration of the representation within
a period of fourteen weeks from the date of
receipt of a copy of the order.
The writ petition stands disposed of.
For orders see detailed reasons in CWP
No.15479 of 2012 titled as Debi Singh
Deswal and ors. v. State of Haryana and
ors. decided
on even date.
15479 of 2012 ORDERS
At the time of the arguments, it was
conceded by both the parties that the issues
involved in the case is squarely covered by
ratio of judgment passed by Division Bench
of this Court in R.K. Aggarwal and others v.
State of Haryana and others in Civil Writ
Petition No.19641of 2009, decided on
21.12.2012.
In this view of the matter, we dispose of all
the writ petitions in terms of the order
passed in R.K. Aggarwal's case supra.
The order passed be implemented qua the
petitioners, who retired before 01.01.2006
and also qua others who are similarly
situated but have not filed petitions so as
to avoid unnecessary litigation.
21-01-2015
Received Date
Compliance Date
Compliance By
Remarks
22-08-2014
10-11-2014
Directorate
Representation invited
from the petitioner
13-05-2014
12-07-2014
Directorate
This CWP decided in the
terms of CWP
No.15479/12 titled as
Debi Singh Vs.State.
Necessary Documents
for filing SLP in Debi
Singh's case has been
submitted in the Legal
Cell, Haryana
Page 12 of 40
Sr.No. CaseNo/Branch
21
CWP 1618/14
HR(G-I)
21-01-2015
Title
Satya Pal
Sharma & Ors.
v/s
State & Ors.
Subject
Reg.Promotion for
the post of Principal
Judgement Date
29-01-2014
Judgement
In view of the statement made by the
counsel for the petitioner and without
going into the merit of the case or
commenting thereon, the
present writ petition is disposed of with
directions to Director, Secondary
Education
Department,
Haryana-respondent No.2 to consider and
decide the legal notice dated 16.10.2013
(Annexure P-5) within a period of five
months from the date of receipt of certified
copy of this order.
In case the claim of the petitioners is not to
be accepted, then a well reasoned and
speaking order be passed and conveyed to
the petitioners
forthwith.
Received Date
26-02-2014
Compliance Date
25-07-2014
Compliance By
Directorate
Remarks
The petitioner is
claiming ante-dated
promotion as Principal
and Headmaster. The
claim of the petitioner
first for promotion of as
Headmaster is pending
in HRG-II Branch
Page 13 of 40
Sr.No. CaseNo/Branch
22
Title
CWP 16458/09 Brahm Parkash
Coordination
v/s
State & Ors.
Subject
To appoint as
Principal to
Vocational Lecturer
Judgement Date
17-11-2014
Judgement
Counsel for the parties are ad idem that
similar claim had been raised in CWP
No.6345 of 2009 titled as Smt. Sunita
Tandon & others Vs. State of Haryana &
others and which was disposed of by a
coordinate Bench of this Court vide order
dated 07.09.2009. Counsel for the parties
are
further in agreement that the instant writ
petition be also disposed of in the light of
order dated 07.09.2009 passed in Smt.
Sunita Tandon's case (supra).
In the light of such consensus having been
arrived at and without making any
observations as regards the merits of the
case, the instant writ petition is disposed of
in the light of order dated 07.09.2009
passed in CWP No.6345 of 2009.
All pending applications also stand
disposed of.
Received Date
16-12-2014
Compliance Date
15-04-2015
Compliance By
Remarks
Directorate
ORDER OF CWP NO.6345 OF 2009
The counsel submits that he would not
have objection, in case, the writ petition is
disposed of with the direction to consider
the petitioners in the light of this stand
taken in the reply. Mr.Rathee does not
object to this prayer.
Accordingly, the present writ petition is
disposed of to consider the claim of the
petitioner in the light of the stand noted
above. Let the needful be done with a
period of 4 months from the date of receipt
of copy of this order.
21-01-2015
Page 14 of 40
Sr.No. CaseNo/Branch
Title
Subject
23
CWP 16589/14 Bhagwan Dass &
HR(G-II)
Ors.
v/s
State & Ors.
Reg.Restore Rs.
18.00 and Rs.21.75
p.m which had been
deducted from
salary and refund
the said amount
upto date and revise
their salary
alongwith
consequential
benefits of
pensionary benefits.
24
CWP 17153/13 Asha Malhotra
HR(L)
v/s
State & Ors.
Reg.Count Adhoc
Service for the
purpose of ACP and
seniority
21-01-2015
Judgement Date
Judgement
Received Date
20-08-2014
In the light of the submissions made by the
counsel for the petitioners and without
going into the merits of the case or
commenting
thereon, the present petition is disposed of
with directions to the Financial
Commissioner and Principal Secretary to
Government of Haryana,
Department of Education, Haryana
respondent No. 1 to consider and decide
the legal notice dated 07.03.2014
(Annexure P-14) served by the petitioners
within a period of two months' from the
date of receipt of certified copy of this
order.
In case the claim of the petitioners is
accepted, the consequential benefits, if any,
be released to them, in accordance with
law,
within a period of one month. In case the
claim of the petitioners is not to be
accepted, a well-reasoned and speaking
order be passed and conveyed to
them forthwith.
03-09-2014
07-08-2013
Consequently, this petition is disposed of
with
a
direction
to
the
respondent-Commissioner to consider and
decide the representation within 30
days from the date of receipt of a certified
copy of this order. Needless to say that the
respondent-Commissioner would pass a
reasoned
order,
after
affording
opportunity of hearing to the petitioner
and will deal with the contentions raised in
the representation together with the
contentions raised in this writ petition
which may be treated as supplementary
representation. In case the claim of the
petitioner is found justified, the monetary
benefits and all other consequential
benefits be granted to the petitioner within
30 days thereafter.
30-08-2013
Compliance Date
02-11-2014
Compliance By
Remarks
Directorate
File has been put up to
W.PSSE for hearing
Directorate
File is being
re-submitted to W.PSSE
for hearing
Page 15 of 40
Sr.No. CaseNo/Branch
Title
Subject
Judgement Date
Judgement
Received Date
25
CWP 17574/11 Ved Pal Singh
HR(G-I)
v/s
State & Ors
Reg.Promotion for
the Post of Principal
02-04-2014
Direction is issued to the Secretary to
Government of Haryana, Department of
Education, Haryana-respondent No.1 to
finalise the seniority of deceased Ved Pal
Singh as Principal within a period of two
months from
the date of receipt of certified copy of this
order and thereafter to consider his claim
for promotion as Block Education
Officer/Deputy Education Officer or
District Elementary Education Officer
within a further period of
two months.
In case the claim of deceased Ved Pal Singh
is accepted, the consequential benefits be
released to the petitioners within a further
period
of one month.
17-04-2014
26
CWP 17734/07 Vikram Singh
PEN-I
v/s
State & Ors.
Reg.Ex-gratia
Appointment
22-08-2008
We dispose of these writ petitions and
direct the respondents to consider the
claim of the petitioner(s) afresh in the light
of Instructions/Rules applicable at the time
of death of the government employee".
21-10-2008
27
CWP 18266/14 Kaushalya Devi
HR(L)
@ Suman Lata
v/s
State & Ors.
Reg.Correction in
Date of Birth
04-09-2014
Accordingly, the present writ petition is
disposed of with a direction to respondent
No. 2 to consider the claim of the petitioner
in
the light of legal notice dated 28.10.2013
(Annexure P-4) and to take necessary
action thereupon strictly in accordance
with law within a
period of four months from the date of
receipt of a certified copy of this order.
Disposed of.
01-10-2014
21-01-2015
Compliance Date
16-06-2014
28-02-2015
Compliance By
Remarks
Directorate
The petitioner has been
promoted as Principal.
His further promotion
matter is under
consideration due to
non-fixation of seniority
of Principal
Directorate
SLP filed in Hon'ble
Apex Court (Asstt.I)
Directorate
Page 16 of 40
Sr.No. CaseNo/Branch
Title
Subject
28
CWP 18294/14 Shree Krishan
PEN-I
Shastri & Ors.
v/s
State & Ors.
Reg.Granting 40%
fitment weightage
on existing
pension/family
pension by merging
50% of D.A in their
basic
pension/family
pension w.e.f.
01.01.06
29
CWP 18303/14 Satpal Garg
HR(ME)
v/s
State & Ors
Reg.Promotion for
the post of
Dy.Supdt.
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
04-09-2014
In the light of the facts noticed
here-in-above, I deem it appropriate to
dispose of the present writ petition with a
direction to
respondent-authorities/competent
authority to consider the claim of the
petitioners and to take a final decision on
the Justice Demand
Notice dated 02.06.2014 (Annexure P-5)
strictly in accordance with law and in the
light of judgment rendered by this Court in
Debi Singh Deswal's case (supra) and by
passing a speaking order within a period of
four months from the date of receipt of a
certified copy of this order.
Suffice it to observe that in case the claim
of the petitioners is upheld and found to be
covered under the judgment of Debi Singh
Deswal's case, the requisite financial
benefits be released
to them without any further delay.
18-09-2014
17-01-2015
Directorate
This CWP decided in the
terms of CWP
No.15479/12 titled as
Debi Singh Vs.State.
Necessary Documents
for filing SLP in Debi
Singh's case has been
submitted in the Legal
Cell, Haryana
05-09-2014
Without making any observations on the
merits of the case, the instant writ petition
is disposed of with a direction to
respondent no.2 to deal with the objections
that have been submitted by the petitioner
in response to memo dated 11.4.2014 at
Annexure P-3 as also a legal notice
dated 1.6.2014 (Annexure P-4) i.e. stated to
have been already served and to take a
final decision as regards the seniority
position of the petitioner,
within a period of four months from the
date of receipt of a certified copy of this
order.
Petition disposed of.
07-10-2014
06-02-2015
Directorate
Tentative seniority list
has been issued and
objections invited.
Matter is under process
Page 17 of 40
Sr.No. CaseNo/Branch
30
Title
CWP 18928/14 Ms.Anjana Man
HR(L)
& Ors.
v/s
State of Haryana
& Ors.
21-01-2015
Subject
Reg.Consider for the
post of PGT English
Judgement Date
11-09-2014
Judgement
Accordingly, the present writ petition is
disposed of with a direction to respondent
no.2 to take a final view in the matter and
to pass a speaking order as regards
candidature of the petitioners for the post
of P.G.T in the concerned subject(s)
expeditiously and in any case within a
period of six weeks from the date of receipt
of a certified copy of this order.
Petition disposed of.
Received Date
26-09-2014
Compliance Date
08-11-2014
Compliance By
Directorate
Remarks
The petitioner is
claiming relaxation of
upper age on account of
registration of her name
with Employment
Exchange. However, the
claim is not tenable but
she has having teaching
experience and the same
can be considered for
giving relaxation in
upper age. Accordingly,
school concerned was
called for to show the
genuineness of
experience but now the
Council of Ministers in
its meeting held on
25.11.14 has taken
decision to conduct a
departmental inquiry
into the
complaints/pending
cases of
recommendations
relating to the
appointment of PGTs
and to give appointment
to them if found eligible
with the approval of
Education Minister. The
matter has been
submitted for approval
of Competent Authority
to inform her
accordingly.
Page 18 of 40
Sr.No. CaseNo/Branch
Title
Subject
31
CWP 18955/14 Satvir Singh
HR(L)
v/s
State & Ors.
Reg.Grant of 3rd
ACP
32
CWP 1910/13
PEN-I
Reg.Ante Dated
Regularization
w.e.f.08.05.03
instead of
27.01.99/01.02.99
21-01-2015
Ram Kanwar
v/s
State & Ors.
Judgement Date
Judgement
Received Date
17-10-2014
In the light of the facts noticed herein
above
and
without
making
any
observations on merits, the instant petition
is disposed of with a direction to
respondent no.2 to consider the claim of
the
petitioner
and
decide
the
representation dated 14.7.2014 (Annexure
P-2) served by the
petitioner, strictly in accordance with law
and by passing a speaking order, within a
period of four months from the date of
receipt of a certified copy of this order.
Petition disposed of.
07-11-2014
07-07-2014
In case any other claim which the
petitioner is entitled to, as per him, he can
make a representation to the said effect to
the Competent Authority who shall, on
consideration thereof, pass a speaking
order within a period of one month from
the submission of the application. In case
such a request is accepted, the
consequential benefits be released to the
petitioner, in accordance with law, within a
further period of one month.
Disposed of accordingly.
28-07-2014
Compliance Date
06-03-2015
Compliance By
Remarks
Directorate
Directorate
The benefit of
ante-dated
regularization has been
granted and for revision
of pension, matter has
been submitted to
pension branch by DEO
Sonepat
Page 19 of 40
Sr.No. CaseNo/Branch
33
Title
CWP 20085/03 Labh Singh
PEN-II
Kadian
v/s
State
21-01-2015
Subject
Reg.pension before
the date of 11.5.98
Judgement Date
07-11-2013
Judgement
The petition is allowed and it is held that
the petitioners are entitled to pension
Scheme of 2001 i.e.Haryana Aided Schools
(Special
Pension and Contributory Provident Fund)
Rules, 2001 in view of their preexisting
right for the benefits arising out of the said
Rules on the basis of judgment of the Apex
Court dated July 28, 1988 and this Court
dated December 9,1999 which has resulted
in the formulation of the Pension
Rules,2001.The petitioners will be
permitted to exercise option as per the
Rules to be governed by the above said
rules within the period of one month.
They would also be required to deposit the
full amount of employers share alongwith
interest at the rate of 6% per annum on the
actual amount drawn by them from the
date of drawal of the said amount, with the
Director within a period of two months
after the same is calculated by the
respondent
State
and
respective
management of the petitioners and
communicated to the
petitioners.It is further made clear that in
case the petitioners make a request for
adjustment of the amount out of the
pension amount released to them, the same
may be permitted as per relevant rules as
provided under Rule 16(3)of the 2001
Rules.It is observed that as the petitioners
are
senior
citizens,
unnecessary
harassment should be avoided to them and
that they should be granted the relief
within a period three months. It is observed
that this judgment is not meant to be
treated as a precedent and should be
considered as a special relief to the
petitioners as they have been denied fruits
of prolonged contested litigation.
Received Date
20-12-2013
Compliance Date
19-03-2014
Compliance By
Directorate
Remarks
LPA has been filed and
stay granted on
27.10.14. At present no
action called for.
Page 20 of 40
Sr.No. CaseNo/Branch
Title
Subject
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
34
CWP 20312/14 Dalbir Singh
HR(ME)
v/s
State & Ors.
Reg.Regularized
service
11-12-2014
After hearing the learned counsel for the
petitioner and noticing the grievance as
expressed in the petition, I am of the
considered view that this petition needs to
be disposed of at this stage with a direction
to the respondents to consider the claim of
the petitioner as contained in the
representation (Annexure P-3) by passing a
speaking order within a period of two
months from the date of receipt of certified
copy of the order. Ordered
accordingly.
30-12-2014
28-02-2015
Directorate
35
CWP 20847/14 Raj Kumar
HR(G-I)
v/s
State & Ors.
Reg.Ante-dated
Promotion
09-10-2014
After hearing learned counsel for the
petitioner, in my opinion, the present
petition can be disposed of at this stage
with a direction to
respondent No. 1 to consider the claim of
the petitioner regarding promotion from
the date persons junior to him were
promoted. Let the needful be done within a
period of four months from the date of
receipt of a copy of the
order. It is further directed that to avoid
creation of litigation, respondent No. 1
shall take steps to correct the error in
making promotion to the post of Principal,
where persons junior in the seniority, were
promoted earlier.
Ordered accordingly.
03-11-2014
02-03-2015
Directorate
21-01-2015
Remarks
File put up to Higher
Authority for given
ante-dated promotion
benefit
Page 21 of 40
Sr.No. CaseNo/Branch
Title
Subject
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
36
CWP 20954/14 Sanjay Kumar
HR(L)
v/s
State & Ors.
Reg.Consider for the
post of PGT Hindi
09-10-2014
After hearing learned counsel for the
petitioner, however, without opining on the
merits of the controversy, respondent No. 2
is directed to take a final decision on the
issue regarding eligibility of the petitioner
with reference to the age relaxation within
a period of six weeks from the date of
receipt of a copy of the order, for which
show cause notice had already been issued
to the petitioner. It is further directed that
final
decision be taken in all cases involving
same issue so as to avoid unnecessary
litigation.
The petition stands disposed of.
29-10-2014
09-12-2014
Directorate
Notice issued.
Representation to be
decided shortly.
37
CWP 21202/14 Versha Rani
HR(L)
v/s
State & Ors
Reg.Consider for the
PGT Hindi
13-10-2014
After hearing learned counsel for the
petitioner, however, without opining on the
merits of the controversy, respondent No. 2
is directed to take a final decision on the
issue regarding eligibility of the petitioner
with reference to the age relaxation within
a period of six weeks from the date of
receipt of a copy of the order, for which
show cause notice had already been issued
to the petitioner. It is further directed that
final
decision be taken in all cases involving
same issue so as to avoid unnecessary
litigation.
The petition stands disposed of.
04-11-2014
16-12-2014
Directorate
Notice issued.
Representation to be
decided shortly.
21-01-2015
Page 22 of 40
Sr.No. CaseNo/Branch
Title
Subject
38
CWP 21267/14 Rajo Devi,
HR(G-I)
Retd.BEO
v/s
State & Ors.
Reg.Medical
Reimbursement of
Rs.4,93,172/-
39
CWP 21493/14 Shashi Gupta
HR(AS)
v/s
State & Ors.
Reg.Revise the
salary of part time
lecturer and
regularize the
service
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
14-10-2014
Having heard the learned counsel for the
petitioner and without expressing any
opinion on the merits of the case, lest it
should prejudice the rights of either of the
parties, the Director Secondary Education,
Haryana-respondent No.2 is directed to
look into the matter, consider the
grievance of the petitioner, raised vide her
legal notice dated 13.8.2014 (Annexure
P-6) and decide the same, at an early date
by passing an appropriate order thereon, in
accordance with law, but in any case
within a period of three months three
months from the date of receipt of a
certified copy of this order.
With the observations made above, the
present petition stands disposed of.
(
04-11-2014
03-02-2015
Directorate
Opinion is being sought
from Health
Department. file put up
to Higher Authorities on
03.12.14
17-10-2014
Having heard the learned counsel for the
petitioner and without expressing any
opinion on the merits of the case, lest it
should prejudice the rights of either of the
parties, Director, Secondary Education
Department, Shiksh Sadan, Sector 5,
Panchkula respondent no.2 is directed to
look into the matter, consider the
grievance of the petitioner, raised vide his
legal notice dated 31.7.2014 ( Annexure
P-3) and decide the same, at an early date
by passing an appropriate order thereon,
keeping in view the order dated 27.11.2012
passed by this court in LPA No.939 of 2012
( Managing Committee, Arya Senior
Secondary School, Narwana Vs. Jai Gopal
and others), but in any case within a period
of three months from the date of receipt of
a certified copy of this order.
With the observations amde above, the
present writ petition stands disposed of.
11-11-2014
10-02-2015
Directorate
Para wise comments on
Legal Notice has been
called from DEO Jind
alongwith documents of
the petitioner vide letter
no. 4/169-14 AS(2) dt.
03.12.14.
Page 23 of 40
Sr.No. CaseNo/Branch
Title
Subject
40
CWP 21810/12 Arya Pratinidhi
HR(PS)
Sabha, Haryana
v/s
State & Ors.
Reg.Approve the list
of office bearer of
the Managing
Committee of the
Maharishi Daya
Nand Public School
41
CWP 21883/11 Raghbir Kaur
HR(G-I)
v/s
State & Ors.
Reg.Promotion for
the post of Principal
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
02-11-2012
Considering the limited prayer made before
this Court, I am of the opinion that the
instant writ petition needs to be disposed
of at this stage without issuance of notice
of motion to the other side. Consequently,
the respondent No.3 is directed to consider
the representation (appended to the writ
petition as Annexure P-21) and decide the
same by passing a speaking order after
hearing the petitioner. The exercise be
concluded as expeditiously as possible,
preferably within a period of six weeks
from the date of receipt of a certified copy
of this order.
Petition stands disposed of.
30-11-2012
10-01-2013
Directorate
Case pending for final
order of DSE
30-09-2014
Learned counsel for the State submitted
that the claim made by the petitioner shall
be considered by respondent No.1 afresh
without being prejudiced by any decision
taken earlier by the authority, in terms of
the Rules applicable for promotion to the
post of Principal within a period of four
months from the date of receipt of a copy of
the order.
In view of the stand taken by learned
counsel for the State, the present petition is
disposed of with a direction to respondent
No.1 to take a final decision on the claim
made by the petitioner for promotion to
the post of Principal within a period of four
months from the date of receipt of a copy of
the order without being prejudiced by any
decision taken earlier.
03-11-2014
02-03-2015
Directorate
Matter is under
consideration
Page 24 of 40
Sr.No. CaseNo/Branch
Title
Subject
42
CWP 22353/14 Manpreet Kaur
HR(L)
v/s
State & Ors.
Reg.Consider for the
post of PGT
Mathematics
43
CWP 2249/14
HR(G-I)
Reg.Ante dated
Promotion as
Principal
21-01-2015
Shalini Kapur,
Working as
Assistant
Director
v/s
State & Ors.
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
03-11-2014
Having heard the learned counsel for the
petitioner and without
expressing any opinion on the merits of
case, including the issue of limitation, if
any, lest it should prejudice the rights of
either of the parties, Director, Secondary
Education, Panchkula-respondent No.2, is
directed to look into the matter, consider
the grievance of the petitioner raised vide
her representation dated 21.6.2014
(Annexure P-8) and decide the same at an
early date, by passing an appropriate order
thereon, strictly in accordance with law,
but in any case within a period of three
months from the date of receipt of a
certified copy of this order.
With the abovesaid observations made, the
present writ petition stands disposed of.
24-11-2014
23-02-2015
Directorate
Notice issued.
Representation to be
decided shortly.
06-02-2014
In the light of the above submissions of the
counsel for the petitioner and without
going into the merits of the case or
commenting thereon, the present writ
petition is disposed of with
directions to the Director General,
Secondary Education, Haryana respondent
No.2 to consider and decide the reminder
to the representation dated 29.04.2013
(Annexure P-3) within a period of three
months' from the date of receipt of certified
copy of this order.
Decision so taken be conveyed to the
petitioner forthwith.
27-03-2014
26-06-2014
Directorate
The matter is kept
pending due to not
fixation of seniority of
Lecturers. But now the
file put up to Higher
Authority for given
ante-dated promotion
benefit
Page 25 of 40
Sr.No. CaseNo/Branch
44
Title
CWP 22528/14 Jarnail Singh
HR(G-II)
v/s
State & Ors.
21-01-2015
Subject
Reg.Grant the
benefit of Stepping
up of pay at par with
his junior counter
part of reserved
category and
release the arrears
alongwith interest
@ 12% p.a and
revised the
pensionary benefits.
Judgement Date
04-11-2014
Judgement
In the light of the facts noticed herein
above, I deem it appropriate to dispose of
the present writ petition with a direction to
respondent no.1 to consider the claim of
the petitioner strictly in accordance with
law in the light of the relevant instructions
dated 23.11.2009 (Annexure P-1) and
against the backdrop of the judgement
rendered by this Court in Madan Lal
Jindal's case (supra) and to pass a speaking
order on the
legal notice dated 5.2.2014 (Annexure P-6),
within a period of four months from the
date of receipt of a certified copy of this
order.
Suffice it to observe that in the eventuality
of the petitioner being found entitled for
the relief sought, the consequential
financial
benefits would be released to the petitioner
forthwith and without anyfurther delay.
Petition disposed of.
Received Date
17-11-2014
Compliance Date
16-03-2015
Compliance By
Directorate
Remarks
Case sent to W.PSSE for
compliance the order on
23.12.14
Page 26 of 40
Sr.No. CaseNo/Branch
Title
Subject
45
CWP 23751/14 Krishana Devi
HR(L)
v/s
State & Ors.
Reg.Grant of 2nd
ACP
46
CWP 23803/14 Rajbir Singh &
HR(ME)
Ors.
v/s
State & Ors.
REg.Granting
Reservation in
promotions to the
S.C/S.T
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
20-11-2014
The only grievance of the petitioner is that
her case for grant of 2nd ACP w.e.f.
1.11.2006 though has been forwarded by
District Education Officer to Director,
Secondary Education, Haryana, but no
final decision has been taken till date. For
claiming the aforesaid relief, a legal notice
dated 22.7.2014 (Annexure P-4) was got
served, but even that has not been
responded to.
After hearing learned counsel for the
petitioner, however, without opining on the
merits of the controversy, respondent No. 3
is directed to take a final decision on the
claim made by the petitioner regarding
grant of 2nd ACP within a period of four
months from the date of receipt of a copy of
the order. If any amount is found due to
her, the same be paid within next one
month.
The petition stands disposed of.
05-12-2014
04-04-2015
Directorate
15-12-2014
Having heard the learned counsel for the
petitioners and without expressing any
opinion on the merits of case, including the
issue of limitation, if any, lest it should
prejudice the rights of either of the parties,
the Director, Secondary Education,
Haryana-respondent No.2, is directed to
look into the matter, consider the
grievance of the petitioners raised vide
their legal notice dated 23.2.2014
(Annexure P-6) and decide the same at an
early date, by passing an appropriate order
thereon, strictly in accordance with law,
but in any case within a period of three
months from the date of receipt of a
certified copy of this order.
With the above said observations made, the
present writ petition stands disposed of.
30-12-2014
29-03-2015
Directorate
Remarks
Page 27 of 40
Sr.No. CaseNo/Branch
Title
Subject
47
CWP 24323/14 Neeraj
HR(AS)
v/s
State & Ors.
Reg.Regularize the
services on the post
of water carrier as
per regularization
policy dt. 18.06.14
48
CWP 25019/14 Lakhvinder
HR(L)
Singh
v/s
State & Ors.
Reg.Allow to join as
the PGT Punjabi
w.e.f. 14.12.13
49
CWP 25022/14 Devinder Kaur
HR(L)
v/s
State & Ors.
Reg.Allow to join as
PGT Punjabi w.e.f.
14.12.2013
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
04-12-2014
Having heard the learned counsel for the
petitioner and without expressing any
opinion on the merits of the case, including
the issue of limitation, if any, Director,
Secondary Education, Haryana, Sector 5,
Panchkula-respondent no.2 is directed to
look into the matter, consider the
grievance of the petitioner, raised vide his
legal notice dated 14.10.2014 (Annexure
P-8) and decide the same at an early date,
by passing an
appropriate order thereon, in accordance
with law, keeping in view the policy
decision dated 18.6.2014 (Annexure P-7),
but in any case within a period of three
months from the date of receipt of a
certified copy of this order.
With the observations made above, the
present writ petition stands disposed of.
23-12-2014
22-03-2015
Directorate
08-12-2014
After hearing learned counsel for the
petitioner, however, without opining on the
merits of the controversy, the present
petition is disposed of at this stage with a
direction to respondent No. 2 to take a
final decision on the show cause notice
issued to the petitioner, to which he has
already filed reply, within a period of two
months from the date of receipt of copy of
the order.
23-12-2014
22-02-2015
Directorate
Notice issued.
Representation to be
decided shortly.
08-12-2014
After hearing learned counsel for the
petitioner, however, without opining on the
merits of the controversy, the present
petition is disposed of at this stage with a
direction to respondent No. 2 to take a
final decision on the show cause notice
issued to the petitioner, to which she has
already filed reply, within a period of two
months from the date of receipt of copy of
the order.
23-12-2014
22-02-2015
Directorate
Notice issued.
Representation to be
decided shortly.
Page 28 of 40
Sr.No. CaseNo/Branch
Title
Subject
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
50
CWP 25281/14 Neetu Singh
HR(L)
v/s
State & Ors.
Reg.Allow to Join as
PGT Punjabi
10-12-2014
Writ petition is disposed of accordingly.
It is, however, directed that respondent
No.2 would proceed in the matter and take
a final decision as regards the impugned
show cause
notice dated 21.06.2014 after taking into
consideration the reply furnished by the
petitioner expeditiously and in any case,
within a period of two months from the
date of receipt of a certified copy of this
order.
15-01-2015
14-03-2015
Directorate
51
CWP 25951/14 Manoj Kumar
HR(L)
v/s
State & Ors.
Reg.Consider for the
post of PGTEnglish
18-12-2014
After hearing learned counsel for the
petitioner, however, without opining on the
merits of the controversy, the present
petition is disposed of at this stage with a
direction to respondent no. 2 to take a final
decision on the show cause notice issued to
the petitioner, to which he has already filed
reply, within a period of two months from
the date of receipt of copy of the order.
13-01-2015
12-03-2015
Directorate
52
CWP 26295/13 Rajendra
HR(G-II)
Prakash Gupta
v/s
State & Ors.
Reg.Ante-dated
promotion for the
post of Headmaster
20-01-2014
In view of the statement made by the
counsel for the petitioner and without
going into the merit of the case or
commenting thereon, the
present writ petition is disposed of with
directions to the Principal Secretary,
Department of Education, Haryana,
Chandigarh-respondent No.1, to consider
and decide the representation dated
29.3.2012, Annexure P-7,
within a period of four months from the
date of receipt of certified copy of this
order.
In case the claim of the petitioner is not to
be accepted, then a well reasoned and
speaking order be passed and conveyed to
the petitioner
forthwith.
11-02-2014
10-06-2014
Directorate
21-01-2015
Remarks
Claim has been rejected.
File pending with
W.PSSE for final
approval
Page 29 of 40
Sr.No. CaseNo/Branch
Title
Subject
53
CWP 27668/13 ASD High School
HR(AS)
v/s
State & Ors.
Reg.Permit the
petitioner to charge
higher fees and
other funds like
extra faculty, extra
facility, extra
curricular and
computer education
etc. from the
student
54
CWP 27682/13 Surjit Singh
HR(G-I)
v/s
State & Ors.
Reg.Promotion to
the post of Principal
w.e.f 08.01.09, the
date when his
junior was
promoted to the
said post
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
14-08-2014
It appears that the amended provision
substantially addresses the petitioner's
grievance. We, thus dispose of this writ
petition
with
libert y
to
the
petitioner-institution to raise its claim with
regard to disbursement of the grant-in-aid,
if so entitled in terms of the amended Rule
and such a claim shall be decided by the
Competent Authority within a period of
two months from the date of certified copy
of this order is received. If the petitioner is
still aggrieved, it shall be at liberty to
approach an appropriate forum.
Disposed of Dasti
22-09-2014
21-11-2014
Directorate
No representation has
been received from the
concerned school for
increase in fee & funds
so far.
17-01-2014
In the light of the statement made by the
counsel for the petitioner and without
going into the merits of the case or
commenting thereon, the present petition
is disposed of with directions to the
Financial Commissioner and Principal
Secretary,
Department
of
School
Education, Haryana-respondent No. 1 to
consider and decide the legal notice dated
15.11.2013 (Annexure P-3) served by the
petitioner within a period of five months
from the date of receipt of certified copy of
this order. The consequential benefits, if
any, be released to the petitioner, in
accordance with law, within a further
period of one month. In case the claim of
the petitioner is not to be accepted, then a
well-reasoned and speaking order be
passed and conveyed to the petitioner
forthwith.
04-03-2014
03-08-2014
Directorate
The matter is kept
pending due to not
fixation of seniority of
Lecturers. But now the
file put up to Higher
Authority for given
ante-dated promotion
benefit
Page 30 of 40
Sr.No. CaseNo/Branch
55
CWP 4290/14
HR(G-II)
21-01-2015
Title
Muni Ram & Ors.
v/s
State & Ors.
Subject
Reg.Grant Revised
pay scale of
7500-12000 to the
petitioners w.e.f.
01.01.96 instead of
01.08.2000
Judgement Date
07-03-2014
Judgement
In view of the statement made by the
counsel for the petitioners and without
going into the merit of the case or
commenting thereon, the present writ
petition is disposed of with directions to
the Financial Commissioner & Principal
Secretary to Government of Haryana,
Education
Department and the Director of Secondary
Education,
Haryana-respondents
to
consider and decide the legal notice dated
31.10.2013 (Annexure P-6) within a period
of four months from the date of receipt of
certified copy of this order.
In case the claim of the petitioners is
accepted, the consequential benefits, if any,
be released to them, in accordance with
law,
within a further period of two months.
In case the claim of the petitioners is not to
be accepted, then a well reasoned and
speaking order be passed and conveyed to
the petitioners forthwith.
March
Received Date
02-04-2014
Compliance Date
01-08-2014
Compliance By
Directorate
Remarks
Decided in terms of
R.K.Verma's case but SLP
and Review Application
filed before the Hon'ble
Supreme Court in
R.K.Verma's case has
been dismissed. Now,
the matter has been put
up before the Higher
Authority for taking
decision.
Page 31 of 40
Sr.No. CaseNo/Branch
56
CWP 4429/14
HR(G-II)
21-01-2015
Title
Nafe Chand &
Ors.
v/s
State & Ors.
Subject
Reg.Grant Revised
pay scale of
7500-12000 to the
petitioners w.e.f.
01.01.96 instead of
01.08.2000
Judgement Date
10-03-2014
Judgement
In view of the statement made by the
counsel for the petitioners and without
going into the merit of the case or
commenting thereon, the present writ
petition is disposed of with directions to
the Financial Commissioner & Principal
Secretary to Government of Haryana,
Education
Department-respondent No.1 to consider
and decide the legal notice dated
25.11.2013 (Annexure P-8) within a period
of three months from the date of receipt of
certified copy of this order.
In case the claim of the petitioners is
accepted, the consequential benefits, if any,
be released to them, in accordance with
law,
within a further period of one month.
In case the claim of the petitioners is not to
be accepted, then a well reasoned and
speaking order be passed and conveyed to
the petitioners forthwith.
Received Date
02-04-2014
Compliance Date
01-07-2014
Compliance By
Directorate
Remarks
Decided in terms of
R.K.Verma's case but SLP
and Review Application
filed before the Hon'ble
Supreme Court in
R.K.Verma's case has
been dismissed. Now,
the matter has been put
up before the Higher
Authority for taking
decision.
Page 32 of 40
Sr.No. CaseNo/Branch
Title
Subject
57
CWP 4518/14
HR(L)
Bimla Devi &
anr.
v/s
State & Ors.
Reg.Grant the
benefit of Higher
Responsibility upon
their promotion
from the post of
Hindi teacher Group
C to the post of
Lecturer in Hindi
Group B discharging
duties
58
CWP 4571/14
HR(L)
Anupama
Bhishnoi
v/s
State & Ors.
Reg.Transfer
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
11-03-2014
In the light of the statement made by the
counsel for the petitioners, the present writ
petition is disposed of without going into
the
merits of the case or commenting thereon,
with directions to the Commissioner and
Secretary to Government of Haryana,
Education
Department,
Haryana-respondent No.1 to consider and
decide the
representation
dated
04.02.2012
(Annexure P-6) and representation dated
08.08.2011 (Annexure P-7) within a period
of three months from the date of receipt of
certified copy of this order.
In case, the claim of the petitioners is
accepted, the consequential benefit be
released to them, in accordance with law,
within a further period of one month. In
case, the claim of the petitioners is not to
be
accepted, a well-reasoned and speaking
order be passed and conveyed to the
petitioners forthwith.
26-03-2014
Directorate
Draft of Speaking orders
has been prepared and
to be discussed with
CAO/LO.
12-03-2014
In the light of the submissions made by the
counsel for the petitioner and without
going into the merits of the case or
commenting thereon, the present petition
is disposed of with
directions to the Principal Secretary to
Government of Haryana, School Education
Department-respondent No. 1 to consider
and
decide
the
representation
dated
07.03.2014 (Annexure P-5) submitted by
the petitioner within a period of three
weeks' from the
date of receipt of certified copy of this
order. Decision so taken be conveyed to the
petitioner forthwith.
26-03-2014
Directorate
Petitioner informed
through application that
she has not required
further action
Page 33 of 40
Sr.No. CaseNo/Branch
Title
Subject
59
CWP 4894/11
HR(G-II)
Shiv Kumar
Vashisht
v/s
State & Ors.
Reg.Promotion
60
CWP 5161/14
PEN-I
Santosh Sharma
v/s
State & Ors.
Reg.Release Retiral
& other
consequential
benefits
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
04-04-2014
In view of this fact as has been asserted by
the counsel for the petitioners, the claim of
the petitioners qua their promotions to the
post of
Head Master as well as Principal be
considered and decided by the respondents
for the promotion from the date their
juniors have been
promoted and are continuing on the said
post without any interim orders passed by
this Court, within a period of three months
from today. The
decision so taken be conveyed to the
petitioners forthwith.
The writ petition stands disposed of.
17-04-2014
03-07-2014
Directorate
Petitioners have been
reverted to the post of
Skt. teacher/Lecturers.
Hon'ble High Court
stayed reversion orders.
N.D.O.H 23.02.15
20-03-2014
In view of the statement made by the
counsel for the petitioner and without
going into the merit of the case or
commenting thereon, the present writ
petition is disposed of with directions to
the Financial
Commissioner and Principal Secretary to
Government of Haryana, Education
Department and the Director, Secondary
Education, Haryana respondent Nos.1 and
2 to consider and finalise the
representation
dated
21.11.2013
(Annexure P-5) within a period of three
months from the date of
receipt of certified copy of this order.
In case the claim of the petitioner is
accepted, the consequential benefits, if any,
be released to her, in accordance with law,
within a further period of one month.
In case the claim of the petitioner is not to
be accepted, then a well reasoned and
speaking order be passed and conveyed to
the petitioner forthwith.
02-04-2014
01-07-2014
Directorate
Amount of Interest has
been paid to the
petitioner. Case has
been sent to A.G for
revision of pension. APR
received on 10.10.14
from DEO Ambala
Page 34 of 40
Sr.No. CaseNo/Branch
Title
Subject
61
CWP 5698/14
HR(G-I)
Surinder Pal &
Anr.
v/s
State & Ors.
Reg.Ante dated
promotion w.e.f.
15.09.08 and grant
the benefit of
notional fixation
and arrears
62
CWP 604/94
HR(AS)
Mahadev & Ors.
v/s
State & Ors.
Reg.Release Arrear
of pay of account of
revision of pay
scales
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
26-03-2014
In view of the statement made by the
counsel for the petitioners and without
going into the merit of the case or
commenting thereon, the
present writ petition is disposed of with
directions to the Financial Commissioner
and Principal Secretary to Government of
Haryana,
School
Education
Department-respondent No.1, that if any
representation is moved by the petitioners
within the time stipulated, the same shall
be considered and decided by him by
passing a speaking order within a period of
four
months from the date of receipt of certified
copy of this order. Decision so taken be
conveyed to the petitioners forthwith.
04-04-2014
03-08-2014
Directorate
The matter is kept
pending due to not
fixation of seniority of
Lecturers. But now the
file put up to Higher
Authority for given
ante-dated promotion
benefit
01-10-2014
Petitioners have been found entitled for the
requisite amount of grant-in-aid for the
posts held by them. Accordingly,
respondent no.1 is
directed to release the requisite amount of
grant-in-aid for the posts held by the
petitioners, within a period of three
months from the date of receipt of certified
copy of this order, failing which petitioners
shall be entitled for receiving the amount
of grant-in-aid for the posts held by them,
alongwith interest @ 12% p.a. from the
date the amount became due till its
payment.
Resultantly,
with
the
abovesaid
observations made and directions issued,
instant writ petition stands allowed,
however, with no order as to costs.
27-11-2014
26-02-2015
Directorate
Advice of L.R and A.G
Haryana has been
received in this case that
it is a fit case for filing
LPA
Page 35 of 40
Sr.No. CaseNo/Branch
63
CWP 6334/14
PEN-I
Title
Yashbir Gulati &
Ors.
v/s
State & Ors.
Subject
Reg.Reconsolidate
pension and family
pension allowing
40% fitment
weightage on
existing
pension/family
pension
Judgement Date
21-04-2014
Judgement
“For issuance of notice of motion , relies
upon order passed in Debi Singh Deswal
and Others v. State of Haryana and others
(Civil Writ Petition No. 15479 of 2012,
decided on 17.02.2014).
Mr. Bhardwaj has failed to dispute that
case of the petitioner is covered by the
judgment above said.
In view of the above, this writ petition is
disposed of in terms of the ratio of the
judgment, referred to above.
Received Date
13-05-2014
Compliance Date
12-07-2014
Compliance By
Directorate
Remarks
This CWP decided in the
terms of CWP
No.15479/12 titled as
Debi Singh Vs.State.
Necessary Documents
for filing SLP in Debi
Singh's case has been
submitted in the Legal
Cell, Haryana
15479 of 2012 ORDERS
At the time of the arguments, it was
conceded by both the parties that the issues
involved in the case is squarely covered by
ratio of judgment passed by Division Bench
of this Court in R.K. Aggarwal and others v.
State of Haryana and others in Civil Writ
Petition No.19641of 2009, decided on
21.12.2012.
In this view of the matter, we dispose of all
the writ petitions in terms of the order
passed in R.K. Aggarwal's case supra.
The order passed be implemented qua the
petitioners, who retired before 01.01.2006
and also qua others who are similarly
situated but have not filed petitions so as
to avoid unnecessary litigation.
21-01-2015
Page 36 of 40
Sr.No. CaseNo/Branch
64
CWP 6809/14
PEN-I
Title
radha Krishan &
Ors.
v/s
State & Ors.
Subject
Reg.Release the
pension in revised
pay scales by giving
benefit of Grade pay
as applicable in case
Judgement Date
09-04-2014
Judgement
After hearing counsel for the parties, we
are satisfied that the case of the petitioner
is covered in terms of the ratio of judgment
rendered by this Court in R.K.Aggarwal and
Others v. State of Haryana and Others
(Civil Writ Petition No. 19641 of 2009,
decided
on 21.12.2012). The above said view was
affirmed by another Division Bench in a
judgment rendered in Debi Singh Deswal
and Others v. State of Haryana and Others
(Civil Writ Petition No. 15479 of 2012,
decided on 17.2.2014).
Received Date
Compliance Date
Compliance By
Remarks
23-05-2014
Directorate
This CWP decided in the
terms of CWP
No.15479/12 titled as
Debi Singh Vs.State.
Necessary Documents
for filing SLP in Debi
Singh's case has been
submitted in the Liegal
Cell, Haryana
27-10-2014
Directorate
Advice of L.R Hry is
being sought for filing
LPA. File put up on
19.12.14
This writ petition is also disposed of in
terms of the ratio of judgments, referred to
above.
65
CWP 6865/09
HR(G-II)
21-01-2015
Tejender Pal
Singh
v/s
State & Ors.
Reg.Appointment as
H.M
30-09-2014
Accordingly, the present petition is allowed
by holding the petitioner to be eligible and
holding the requisite qualifications for the
post
of Head Master by following the dictum
laid down by the L.P.A Bench in Joginder
Singh's case (supra). Resultantly, the
petitioner shall be given appointment to
the post of Head Master with effect from
the date any candidate junior to him in the
merit list determined by the Haryana Staff
Selection Commission may have been
appointed. Upon such appointment having
been effected, the petitioner is also held
entitled to all other consequential benefits
in the nature of seniority, continuity in
service etc. but would not be granted the
actual arrears of salary for such period.
Petition allowed in the aforesaid terms.
Page 37 of 40
Sr.No. CaseNo/Branch
66
CWP 8193/95
HR(G-II)
21-01-2015
Title
CHARANJEET
SINGH ETC.
v/s
STATE & ORS.
Subject
TO REMOVE THE
CONDITON OF 38
MONTHS FOR
ARREARS IN THE
ORDER OF
SELECTION GRADE
Judgement Date
09-10-2014
Judgement
Learned counsel for the petitioners
submitted that the action of the
respondents was discriminatory, as some
employees to whom, the
department itself had given relief, entire
arrears were granted, whereas, the
petitioners, who had approached this Court
earlier were given arrears only for a period
of 38 months. Learned counsel for the State
submitted that the principle of payment of
arrears for a period of 38 months is well
settled. The same is on the basis of the fact
that the civil suit can be filed within a
period of three years and two months,
which is the period of statutory notice.
After hearing learned counsel for the
parties, I do not find any merit in the
present petition. Merely because the
department had granted relief to some
employees, which may not be legally
admissible to them, will not mean that the
mployees who have approached this Court
should be granted the same relief. The
court can grant relief only, which is
admissible in law. In the case in and, the
petitioners earlier approached this Court
by filing CWP No.955 of 1980, wherein
direction was issued for consideration of
their representation. While deciding the
representation, the competent authority
accepted the claim of the petitioners
regarding pay scale, however, the arrears
were restricted to 38 months from the date
of filing of the petition.
There is no illegality in the order passed by
the authority.
Dismissed.
(RAJESH BINDAL)
JUDGE
09.10.2014
sharmila
Received Date
04-12-2014
Compliance Date
Compliance By
Remarks
Directorate
Page 38 of 40
Sr.No. CaseNo/Branch
Title
Subject
67
CWP 8280/01
HR(PS)
Kiran Pal
v/s
State
Recognition upto
Middle level
68
CWP 8284/01
HR(PS)
Jai Pal Singh
v/s
State & Ors.
Reg. Recognition
69
CWP 8676/99
HR(AS)
Smt.Satwanti
Arya
v/s
State & Ors
Reg.Regular Pay
Scale for the post of
Skt.Teacher w.e.f
the date petitioner
acquired the
qualification of B.Ed
21-01-2015
Judgement Date
Judgement
Received Date
Compliance Date
Compliance By
Remarks
07-05-2014
Keeping in view the inspection report given
by the Expert Committee, a direction is
given to the respondents to consider the
case of the
petitioner for permanent recognition after
accepting an affidavit with regard to the
fact that the school is not encroaching any
land of the Panchayat. This exercise be
completed within four weeks from the date
of receipt of certified
copy of this order.
Disposed of accordingly.
27-11-2014
25-12-2014
Directorate
Inspection of the school
will be got conducted
from DEO Gurgaon.
Action will taken
accordingly.
07-05-2014
Keeping in view the inspection report given
by the Expert Committee, a direction is
given to the respondents to consider the
case of the
petitioner for permanent recognition after
accepting an affidavit from the petitioner
with regard to availability of open space
and play ground. This exercise be
completed within four weeks from the date
of receipt of certified
copy of this order.
Disposed of accordingly.
27-11-2014
25-12-2014
Directorate
Inspection report has
been sent to DEO GGN
for re-inspection
31-10-2014
Consequently, the petitioner is declared
entitled for the regular pay scale for the
post of Sanskrit teacher with effect from
25.7.1973, when she
acquired the qualification of M.A. Sanskrit
and B.Ed. Respondents are directed to
grant the consequential service benefits to
the petitioner. Let the needful be done
within a period of two months from today,
failing which the petitioner
shall be entitled for arrears of salary
alongwith interest @ 9% p.a. from the date
the amount became due, till the date of
actual payment.
Resultantly,
with
the
abovesaid
observations made and directions issued,
the instant writ petition stands allowed,
however, with no order as to costs.
27-11-2014
30-12-2014
Directorate
The appointing
authority of the
petitioner is the
management of the
school and firstly
necessary action is to be
taken by the
management. The
concerned DEO has been
directed to send the
complete record of the
petitioner.
Page 39 of 40
Sr.No. CaseNo/Branch
Title
Subject
70
CWP 9859/14
HR(G-II)
Balwant Singh &
Ors.
v/s
State & Ors.
Reg.Pay Scale of
7500-12000 instead
of 6500-10500 as
Headmaster w.e.f.
01.01.96 instead of
01.08.00
71
C.M CRM
No.57359/09
in Crl.Appeal
HR(L)
Master Kulwant
Singh
v/s
State & Ors.
Conviction under
Section 306 IPC and
whether his
services can be
terminated on the
basis of his
conviction
21-01-2015
Judgement Date
Judgement
Received Date
21-05-2014
In the light of the submissions made by the
counsel for the petitioners and without
going into the merits of the case or
commenting thereon, the present petition
is disposed of with directions to the
Commissioner and Director General, School
Education, Haryana-respondent No. 2 to
consider and decide the
legal notice dated 08.01.2014 (Annexure
P-5) served by the petitioners within a
period of four months' from the date of
receipt of
certified copy of this order.
In case the claim of the petitioners is
accepted, the consequential benefits, if any,
be released to them, in accordance with
law, within a period of one month. In case
the claim of the petitioners is not to be
accepted, a well-reasoned and speaking
order be passed and conveyed to them
forthwith.
16-06-2014
10-04-2009
It is the conduct, which has led the
conviction of an employee, which could be
taken into consideration and not
conviction simpliciter, which could be
considered by the competent authority for
termination of the service. It is, therefore,
ordered that the conviction of the
applicant-appellant for the purpose of
termination of his services will remain
stayed. However, it will not debar the
competent authority to proceed in
accordance with law against the appellant
on the basis of conduct, which has led to his
conviction, as per service rules.
The misc.application stands partly
allowed in the above terms.
08-03-2010
Compliance Date
15-10-2014
Compliance By
Remarks
Directorate
Decided in terms of
R.K.Verma's case but SLP
and Review Application
filed before the Hon'ble
Supreme Court in
R.K.Verma's case has
been dismissed. Now,
the matter has been put
up before the Higher
Authority for taking
decision.
Directorate
Conviction of the
applicant for the
purpose of termination
remained stayed.
Inquiry Officer has been
appointed to re-enquire
the matter. Enquiry
report is not received
Page 40 of 40