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2025 DAILYLAW 12960 (PNJ)

RAKESH KUMAR v. STATE OF PUNJAB AND OTHERS

CWP/2204/2019 · 2025-09-17

N S Shekhawat

body2025

Judgment text

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CWP-2204-2019 -1- 107 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2204-2019 Date of Decision:17.09.2025 Rakesh Kumar …Petitioner vs. State of Punjab and others …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Gurvinderpal Singh, Advocate and Ms. Sukhmandeep Kaur, Advocate for Mr. P.S.Khurana, Advocate for the petitioner. Mr. Surya Kumar, AAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner had filed the present petition under Articles 226/227 of the Constitution of India with a prayer to issue a writ in the nature of Certiorari for quashing the Memo No.2018114344 dated 27.12.2018 (Annexure P-1) issued by respondent No.3, whereby the claim of the petitioner for promotion to the post of Head Teacher was ordered to be rejected. 2. Learned counsel for the petitioner contends that on 25.08.2018, 14 ETT Teachers were promoted as Head Teachers. Smt. Babita with seniority list No.56, who was also promoted, was debarred as she could not join on time. Similarly another teacher mentioned at Seniority list No.67 was already debarred for two years in view of his previous promotion. Consequently, the respondents were under a legal duty to promote the present petitioner as a Head Teacher. HEMLATA 2025.09.18 00:01 I attest to the accuracy and integrity of this document CWP-2204-2019 -2- 3. On the other hand, learned State counsel submits that during the next phase of promotions from ETT Teachers to Head Teacher, the petitioner was found eligible for promotion in June, 2020 and was promoted to the post of Head Teacher on 03.06.2020. At present, the petitioner is working as Head Teacher in Government Primary School in District Fazilka. He further contends that prior to the petitioner, no junior employee was promoted to the post of Head Teacher and the petitioner has been rightly promoted on 03.06.2020 on his own turn. 4. In view of the statement made by learned State counsel, nothing survives in the present petition and the present petition is ordered to be dismissed. (N.S.SHEKHAWAT) 17.09.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.09.18 00:01 I attest to the accuracy and integrity of this document