CWP-29379-2018(O&M) connected matter IN THE HIGH COURT OF PUNJAB AND HARYANA 221 1. CWP JAGWANT MALIK STATE OF HARYANA AND 2. CWP BALWINDER KAUR STATE OF HARYANA AND 3. CWP UJENDER SINGH STATE OF HARYANA AND OTHERS 4. CWP SURESH KUMAR STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. D. S. Patwalia, Sr. Advocate with Mr. Ayush Gupta, Advocate for the petitioner Mr. Sandeep Kumar, Advocate for the petitioners. (in CWP nos.29780 and 32944 of 2018) for respondent no.12. (in 2018(O&M) with connected matters -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: CWP-29379-2018(O&M) JAGWANT MALIK AND OTHERS Versus STATE OF HARYANA AND OTHERS CWP-29780-2018 BALWINDER KAUR AND OTHERS Versus STATE OF HARYANA AND ANOTHER CWP-32944-2018(O&M) UJENDER SINGH AND OTHERS Versus STATE OF HARYANA AND OTHERS CWP-4728-2021 SURESH KUMAR AND ANOTHER Versus STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. D. S. Patwalia, Sr. Advocate with Mr. Ayush Gupta, Advocate for the petitioners. (in CWP-29379 Mr. Sandeep Kumar, Advocate for the petitioners. (in CWP nos.29780 and 32944 of 2018) for respondent no.12. (in CWP-29379 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 10.03.2025 …Petitioner(s) …Respondent(s) …Petitioner(s) …Respondent(s) …Petitioner(s) …Respondent(s) …Petitioner(s) …Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. D. S. Patwalia, Sr. Advocate with 29379-2018) for the petitioners. (in CWP nos.29780 and 32944 of 2018) 29379-2018) Aman Dua 2025.03.26 12:26 I attest to the accuracy and authenticity of this judicial document CWP-29379-2018(O&M) connected matter Mr. Ankur Kaushik, Advocate for the petitioner for respondents no.4 to 11. (in Ms. Shruti Jain Goyal, Sr. DAG, Haryana Mr. Harish Nain, AAG, Haryana. Mr. Inder Pal Goyat, Advocate for respondents Mr. Anurag Goyal, Advocate for respondents no.13 to 16. M Mr. Nikhil Singh, Advocate for respondents no.17 to 25. (in CWP TRIBHUVAN DAHIYA, J. (Oral) The aforementioned petitions are based upon similar facts involving common issues; accordingly, the same are being decided together. For brevity, the facts have been taken from 2. The petition has been filed, quashing the order dated respondents, w cadre (for short, ‘VE Vice Principal/Principal Group Training Institutes Institutes (for short, cadre in the ITIs as per Further, seeking the aforementioned 3. As per facts on record, in brief, the respondent/Department of Skill Development Scheme (for short, ‘VE Scheme’) 2018(O&M) with connected matters -2- Mr. Ankur Kaushik, Advocate for the petitioners. (in CWP-4728 for respondents no.4 to 11. (in CWP Ms. Shruti Jain Goyal, Sr. DAG, Haryana Mr. Harish Nain, AAG, Haryana. Mr. Inder Pal Goyat, Advocate for respondents no.3, 6, 7 and 9 to 13. Mr. Anurag Goyal, Advocate for respondents no.13 to 16. (in CWP Ms. Anu Chatrath, Sr. Advocate with Mr. Nikhil Singh, Advocate for respondents no.17 to 25. (in CWP TRIBHUVAN DAHIYA, J. (Oral) The aforementioned petitions are based upon similar facts involving common issues; accordingly, the same are being decided together. For brevity, the facts have been taken from CWP The petition has been filed, inter alia quashing the order dated 18.10.2018, Annexure P respondents, who are Instructors belonging to cadre (for short, ‘VEI cadre’) have been promoted against vacant posts of Vice Principal/Principal Group-B/Principal Group Institutes cadre (for short, ‘ITI cadre’) in the Industrial Training Institutes (for short, ‘ITIs’), ignoring the fact cadre in the ITIs as per office order dated seeking a writ of mandamus directing the respondents the aforementioned office order in letter as well as As per facts on record, in brief, the respondent/Department of Skill Development and Industrial Training introduced Vocation Scheme (for short, ‘VE Scheme’) in 1983, and recruitment of Vocational 4728-2021) CWP-29379-2018) Ms. Shruti Jain Goyal, Sr. Shruti Jain Goyal, Sr. DAG, Haryana with Mr. Harish Nain, AAG, Haryana. no.3, 6, 7 and 9 to 13. (in CWP-4728-2021)\ (in CWP-29379-2018) s. Anu Chatrath, Sr. Advocate with for respondents no.17 to 25. (in CWP-29379-2018) The aforementioned petitions are based upon similar facts involving common issues; accordingly, the same are being decided together. CWP-29379-2018. inter alia, seeking a writ of certiorari Annexure P-14, whereby the private ho are Instructors belonging to Vocational Education Institutes cadre’) have been promoted against vacant posts of B/Principal Group-A, belonging to Industrial cadre’) in the Industrial Training , ignoring the fact that VEI cadre is a separate dated 26.10.2017, Annexure P-12. directing the respondents to implement letter as well as spirit. As per facts on record, in brief, the respondent/Department of Industrial Training introduced Vocational Education in 1983, and recruitment of Vocational The aforementioned petitions are based upon similar facts involving common issues; accordingly, the same are being decided together. certiorari , whereby the private Institutes cadre’) have been promoted against vacant posts of A, belonging to Industrial cadre’) in the Industrial Training cadre is a separate . to implement As per facts on record, in brief, the respondent/Department of Education in 1983, and recruitment of Vocational Aman Dua 2025.03.26 12:26 I attest to the accuracy and authenticity of this judicial document CWP-29379-2018(O&M) connected matter Instructors was issued by the Government Education Department. However, staff of VE Scheme along with their posts was to be transferred members were some others to to be retained in the respondent/Department under a separate VE There were seventy VE Scheme at the time of its transfer into different Departments in 2008 twenty-four Principals were Department, twenty Education Department, and remaining twenty respondent Department. 3.1. The post as that of Principal (Group 10500, vide memo dated done on the recommendations of creation and abolition of posts in the Department. 3.2. Pursuant to the the Department issued office order dated of VE Scheme along with incumbents transferred to the incorporated therein, which read as under: Terms and Conditions 1. Instructors transferred from Vocational Education stream will be 2018(O&M) with connected matters -3- was made therein. Pursuant to a noti issued by the Government, the Scheme was transferred Education Department. However, staff of VE Scheme along with their posts transferred/adjusted among different Departments; some staff members were to be transferred to the Secondary Education Department, some others to the Technical Education Department, and the remaining retained in the respondent/Department under a separate VE There were seventy-three filled up posts of Principal VE Scheme at the time of its transfer into different Departments in 2008 four Principals were to be transferred to the Secondary Education Department, twenty-seven Principals were to be n Department, and remaining twenty Department. The post of Vice Principal under Principal (Group-B) in the Department 10500, vide memo dated 18.07.2007/07.08.200 done on the recommendations of the Restructuring creation and abolition of posts in the Department. Pursuant to the aforementioned the Department issued office order dated 26.10.2017, whereby of VE Scheme along with incumbents working in VEIs were transferred to the respondent/Department on certain terms and conditions incorporated therein, which read as under: Terms and Conditions 1. The posts of Vocational Principals, Lecturers and Instructors transferred from Vocational Education stream will be made therein. Pursuant to a notification, dated 11.06.2008, , the Scheme was transferred to the Secondary Education Department. However, staff of VE Scheme along with their posts different Departments; some staff Secondary Education Department, Technical Education Department, and the remaining were retained in the respondent/Department under a separate VEI cadre. three filled up posts of Principals/Vice Principals in the VE Scheme at the time of its transfer into different Departments in 2008; transferred to the Secondary Education to be transferred to the Technical n Department, and remaining twenty-two were to be retained in the under VE Scheme was re-designated B) in the Department in the pay scale of ₹6500- /07.08.2007, Annexure R-1. This was estructuring Committee constituted for creation and abolition of posts in the Department. aforementioned notification, dated 11.06.2008, 26.10.2017, whereby various posts working in VEIs were finally Department on certain terms and conditions The posts of Vocational Principals, Lecturers and Instructors transferred from Vocational Education stream will be fication, dated 11.06.2008, the Secondary Education Department. However, staff of VE Scheme along with their posts different Departments; some staff Secondary Education Department, were cadre. s/Vice Principals in the ; transferred to the Secondary Education Technical retained in the designated - . This was for dated 11.06.2008, posts finally Department on certain terms and conditions The posts of Vocational Principals, Lecturers and Instructors transferred from Vocational Education stream will be Aman Dua 2025.03.26 12:26 I attest to the accuracy and authenticity of this judicial document CWP-29379-2018(O&M) connected matter allocated as per the re Industrial Training institutes. 2. will continue to remain in separate cadre distinct from cadres of Industrial Training Department even in case of similar subject/duties. 3. their exis they were getting earlier. 4. Assistant Director (VE) of Vocational Education Institutes cadre are being governed by Haryana Industrial Training a Vocational Education Department (Group A) Service Rules, 1989, further modified 2003. District Vocational Education Officer and Principals of Vocational Education Institutes cadre are being governed by Haryana Industrial Training and Vocational Educatio Department (Group 'B') Directorate and Field Offices Service Rules, 1998 and remaining are being governed by the Haryana Industrial Training and Vocational Education Department, Field Offices (Group C) Service rules, 1998 Rules on similar lines will be a Department. 5. same seniority list and will keep the same avenues for their further progress in terms of promotion as were available to them in V Vocational Instructor will be diminishing vacant due to retirement etc. of the present incumbent and the posts from bottom will get abolished. 3.3. Apparently, the staff of VEIs was retained in a separate cadre in the Department even was also provided that they would continue with the same seniority 2018(O&M) with connected matters -4- allocated as per the re-designated trades running in Govt. Industrial Training institutes. 2. All the staff transferred from Vocational Education cadre will continue to remain in separate cadre distinct from cadres of Industrial Training Department even in case of similar subject/duties. 3. All the staff of Vocational education cadre will continue in their existing pay scale and will carry their pay at the stage where they were getting earlier. 4. The joint Director (VE), Deputy Director (VE) and Assistant Director (VE) of Vocational Education Institutes cadre are being governed by Haryana Industrial Training a Vocational Education Department (Group A) Service Rules, 1989, further modified 2003. District Vocational Education Officer and Principals of Vocational Education Institutes cadre are being governed by Haryana Industrial Training and Vocational Educatio Department (Group 'B') Directorate and Field Offices Service Rules, 1998 and remaining are being governed by the Haryana Industrial Training and Vocational Education Department, Field Offices (Group C) Service rules, 1998 Rules on similar lines will be adopted by the Skill Development and Industrial Training Department. 5. Industrial Training Department will continue with the same seniority list and will keep the same avenues for their further progress in terms of promotion as were available to them in Vocational Education (VE) cadre. The cadre of re Vocational Instructor will be diminishing vacant due to retirement etc. of the present incumbent and the posts from bottom will get abolished. Apparently, the staff of VEIs was retained in a separate cadre in the Department even in case of similar subjects/duties was also provided that they would continue with the same seniority designated trades running in Govt. transferred from Vocational Education cadre will continue to remain in separate cadre distinct from cadres of Industrial Training Department even in case of similar All the staff of Vocational education cadre will continue in ting pay scale and will carry their pay at the stage where The joint Director (VE), Deputy Director (VE) and Assistant Director (VE) of Vocational Education Institutes cadre are being governed by Haryana Industrial Training and Vocational Education Department (Group A) Service Rules, District Vocational Education Officer and Principals of Vocational Education Institutes cadre are being governed by Haryana Industrial Training and Vocational Education Department (Group 'B') Directorate and Field Offices Service Rules, 1998 and remaining are being governed by the Haryana Industrial Training and Vocational Education Department, Field Offices (Group C) Service rules, 1998 Rules on similar lines will dopted by the Skill Development and Industrial Training Industrial Training Department will continue with the same seniority list and will keep the same avenues for their further progress in terms of promotion as were available to them ocational Education (VE) cadre. The cadre of re-designated Vocational Instructor will be diminishing vacant due to retirement etc. of the present incumbent and the posts from Apparently, the staff of VEIs was retained in a separate cadre in similar subjects/duties as that of ITI staff. It was also provided that they would continue with the same seniority, and designated trades running in Govt. transferred from Vocational Education cadre will continue to remain in separate cadre distinct from cadres of Industrial Training Department even in case of similar All the staff of Vocational education cadre will continue in ting pay scale and will carry their pay at the stage where The joint Director (VE), Deputy Director (VE) and Assistant Director (VE) of Vocational Education Institutes cadre nd Vocational Education Department (Group A) Service Rules, District Vocational Education Officer and Principals of Vocational Education Institutes cadre are being governed by n Department (Group 'B') Directorate and Field Offices Service Rules, 1998 and remaining are being governed by the Haryana Industrial Training and Vocational Education Department, Field Offices (Group C) Service rules, 1998 Rules on similar lines will dopted by the Skill Development and Industrial Training Industrial Training Department will continue with the same seniority list and will keep the same avenues for their further progress in terms of promotion as were available to them designated Vocational Instructor will be diminishing vacant due to retirement etc. of the present incumbent and the posts from Apparently, the staff of VEIs was retained in a separate cadre in . It and Aman Dua 2025.03.26 12:26 I attest to the accuracy and authenticity of this judicial document CWP-29379-2018(O&M) connected matter would be provided with the same avenue available to them under VEI cadre. 3.4. As earlier stated, twenty Department in 2008. A only eleven of them were in service recruitment. 3.5. On 20.04.2018, a meeting of (DPC) was held for promoti Vice Principal of VEI cadre, private respondents no.3 to 12 were found fit, impugned order dated Training and Vocational Education Department (Group B) Directorate and Field Offices Service Rules Rules fifty per cent of the posts of Vice Principal (Group filled by way of direct recruitment 4. In this factual background, that the order of promotion is belonging to VEI cadre, have been promoted (Group-A), in violation of prescribed that VEI cadre ITI cadre. And t Rules. The said office order challenged by the be promoted in violation thereof promotion to the private respondents, the petitioners’ rights have been adversely affected 2018(O&M) with connected matters -5- would be provided with the same avenues for further promotions as were available to them under VEI cadre. As earlier stated, twenty-two posts of VEIs were ret Department in 2008. At the time of issuing of office order only eleven of them were in service who had been On 20.04.2018, a meeting of Departmental was held for promoting Instructors of VEI Vice Principal of the same cadre. On the basis of senior , private respondents no.3 to 12 were found fit, order dated 18.10.2018, in accordance with the Haryana Industrial Training and Vocational Education Department (Group B) Directorate and Offices Service Rules, 1998 (for short, ‘the 1998 Rules fifty per cent of the posts of Vice Principal (Group way of direct recruitment from amongst In this factual background, learned that the order of promotion is per se illegal as the private respondents belonging to VEI cadre, have been promoted A), in violation of office order dated 26.10.2017 prescribed that VEI cadre would continue to remain separate and distinct from And there is no post of Principal Rules. The said office order separating the challenged by the private respondents at any stage be promoted in violation thereof. He has further contended that by giving promotion to the private respondents, the petitioners’ rights have been affected, as the posts of Principal (Gr s for further promotions as were two posts of VEIs were retained in the t the time of issuing of office order dated 26.10.2017, who had been recruited by way of direct epartmental Promotion Committee Instructors of VEI cadre to the vacant posts of On the basis of seniority list of Instructors of , private respondents no.3 to 12 were found fit, and promoted, vide , in accordance with the Haryana Industrial Training and Vocational Education Department (Group B) Directorate and (for short, ‘the 1998 Rules’). Under these fifty per cent of the posts of Vice Principal (Group-B) are required to be amongst Instructors. learned senior counsel has contended illegal as the private respondents, belonging to VEI cadre, have been promoted against the post of Principal dated 26.10.2017, which clearly continue to remain separate and distinct from here is no post of Principal in VEI cadre as per the 1998 separating these two cadres, has not been private respondents at any stage, and they have no right to He has further contended that by giving promotion to the private respondents, the petitioners’ rights have been (Group-A) meant to be occupied s for further promotions as were ained in the , recruited by way of direct romotion Committee cadre to the vacant posts of list of Instructors of vide , in accordance with the Haryana Industrial Training and Vocational Education Department (Group B) Directorate and . Under these to be senior counsel has contended , st the post of Principal , which clearly continue to remain separate and distinct from dre as per the 1998 , has not been they have no right to He has further contended that by giving promotion to the private respondents, the petitioners’ rights have been meant to be occupied Aman Dua 2025.03.26 12:26 I attest to the accuracy and authenticity of this judicial document CWP-29379-2018(O&M) connected matter by them being in ITI cadre, have been given to the private respondents belonging to VEI cadre posts belonging to their cadre. Since the Department has not created promotional posts of Principal (Gro could not have been given. 5. Learned counsel for the respondents, on the contrary, contend that the promotions have been given in accordance with the Rules private respondents belonging to VEI cadre have been the posts of Vice Principal (Group 10500. In terms of letter Department regarding creation Principal in the VEIs the pre-revised pay scale of persons belonging to VEI cadre Institutes having strength of more than six hundred students, and as Principal for the Institutes having strength of less than four hundred but more than seventy-six students. strength of more than four hundred students A) in the pre violation of the Rules, and the private respondents belong have been promoted students’ strength. 6. Submissions made by learned counsel for the parties have been considered. 7. As per undisputed facts on record, the private respondents belong to VEI cadre in the Department, which is a separate cadre from that of ITI 2018(O&M) with connected matters -6- being in ITI cadre, have been given to the private respondents belonging to VEI cadre who can only be considered for promotion against the posts belonging to their cadre. Since the Department has not created nal posts of Principal (Group-A) in VEI cadre, such promotions could not have been given. Learned counsel for the respondents, on the contrary, contend that the promotions have been given in accordance with the Rules private respondents belonging to VEI cadre have been posts of Vice Principal (Group-B) in the pre n terms of letter, dated 18.07.2007 Department regarding creation and abolition of posts, the post of Vice Principal in the VEIs was re-designated as Principal ( revised pay scale of ₹6500-10500. A persons belonging to VEI cadre could be posted as Vice Principal for the having strength of more than six hundred students, and as Principal for the Institutes having strength of less than four hundred but more than six students. The norms also prescribe that the I strength of more than four hundred students -revised pay scale of ₹8000-13 violation of the Rules, and the private respondents belong have been promoted against the posts of Vice Principal keeping in view the students’ strength. Submissions made by learned counsel for the parties have been As per undisputed facts on record, the private respondents belong cadre in the Department, which is a separate cadre from that of ITI being in ITI cadre, have been given to the private respondents only be considered for promotion against the posts belonging to their cadre. Since the Department has not created any in VEI cadre, such promotions Learned counsel for the respondents, on the contrary, contend that the promotions have been given in accordance with the Rules as the private respondents belonging to VEI cadre have been promoted only against B) in the pre-revised pay scale of ₹6500- 18.07.2007/07.08.2007, issued by the and abolition of posts, the post of Vice designated as Principal (Class II), category B in And as per the norms adopted, could be posted as Vice Principal for the having strength of more than six hundred students, and as Principal for the Institutes having strength of less than four hundred but more than escribe that the Institutes having will have one Principal (Group 13500. Accordingly, there is no violation of the Rules, and the private respondents belonging to VEIs cadre against the posts of Vice Principal keeping in view the Submissions made by learned counsel for the parties have been As per undisputed facts on record, the private respondents belong cadre in the Department, which is a separate cadre from that of ITI being in ITI cadre, have been given to the private respondents only be considered for promotion against the any in VEI cadre, such promotions Learned counsel for the respondents, on the contrary, contend the against - issued by the and abolition of posts, the post of Vice ), category B in , could be posted as Vice Principal for the having strength of more than six hundred students, and as Principal for the Institutes having strength of less than four hundred but more than having one Principal (Group Accordingly, there is no to VEIs cadre against the posts of Vice Principal keeping in view the Submissions made by learned counsel for the parties have been As per undisputed facts on record, the private respondents belong cadre in the Department, which is a separate cadre from that of ITI Aman Dua 2025.03.26 12:26 I attest to the accuracy and authenticity of this judicial document CWP-29379-2018(O&M) connected matter cadre as per the 1998 Rules. The the pre-revised cadre, and for VEI cadre the highes (Group-B) in the recommendations of the Committee regarding creation and abolition of posts, a letter dated 18.07.2007/07.08.2007 Department would adhere to the norms adopted Vice Principal in VEI cadre w category B, and as per the Institutes having students’ stren Institute having students’ strength of more than four hundred (Group-A) shall be posted exclusive with a valid justification been provided that in hundred, a Vice Principal w dated 18.07.2007/07.08.2007 relevant extract is as under: For VEIs S. 1. For S. 1. 2 2018(O&M) with connected matters -7- cadre as per the 1998 Rules. The promotional revised pay scale of ₹8000-13500 has , and for VEI cadre the highest promotional post is that of Vice Principal in the pre-revised pay scale of recommendations of the Committee regarding creation and abolition of posts, a letter dated 18.07.2007/07.08.2007 was issued, tment would adhere to the norms adopted Vice Principal in VEI cadre was re-designated as that of Principal ( category B, and as per the norms adopted, th Institutes having students’ strength of less than four hundred; whereas, in an Institute having students’ strength of more than four hundred A) shall be posted. Accordingly, the posts were made clusive with a valid justification based upon provided that in the Institutes having students’ strength of Vice Principal will be posted along with the Principal. The letter dated 18.07.2007/07.08.2007, was never challenged by the petitio relevant extract is as under: For VEIs S.No. Name of the Posts Category 1. Vice Principal {To be re-designated as Principal (Class II)} B or ITIs S.No. Name of the Posts Category 1. Principal A 2. Principal/Vice Principal B promotional post of Principal (Group-A) in s been provided only for the ITI t promotional post is that of Vice Principal pay scale of ₹6500-10500. On the recommendations of the Committee regarding creation and abolition of posts, was issued, directing that the tment would adhere to the norms adopted therein. Further, the post of designated as that of Principal (Class II), this post would only be for the gth of less than four hundred; whereas, in an Institute having students’ strength of more than four hundred, only Principal . Accordingly, the posts were made mutually based upon students’ strength. It has also Institutes having students’ strength of more than six be posted along with the Principal. The letter, challenged by the petitioners; its Pay Scale Norms to be Adopted 6500-10500 One post per Institute Pay Scale Norms to be Adopted 8000-13500 One each for the institutes having strength of more than 400 6500-10500 As Vice Principal for Institutes having strength of more than 600 and Principal in been provided only for the ITI t promotional post is that of Vice Principal n the recommendations of the Committee regarding creation and abolition of posts, that the . Further, the post of , the gth of less than four hundred; whereas, in an Principal mutually . It has also more than six , its One each for the institutes having strength of more than As Vice Principal for Institutes having strength of more than 600 and Principal Aman Dua 2025.03.26 12:26 I attest to the accuracy and authenticity of this judicial document CWP-29379-2018(O&M) connected matter 7.1. Further dated 06.03.2024 respondent/Department, the private respondents have been own cadre, and not in ITI cadre paragraph 13 of the 13. 4, 6, 7 and 10 (Group Furthermore, it is clarified here that as per point no.3 promo that officials posted against the vacant post ‘A’ will not be entitled to any benefit related to Principal Group ‘A’. However, the officials are posted against the vacant post of Principal Group benefits associated with the post of Principal Group that same has been inadvertently mentioned as vacant post of Principal Group ‘A’ instead of vacant post of Principal Group ‘B’ in point no.3. 8. In view of the aforementioned petitioners against the impugned order of promotion dated not survive, as the private respondents posts meant for ITI against the posts of Principal (Group against the re belong to VEI cadre as per the 1998 Rules petitioners. 9. The petitions accordingly stand dismissed. 2018(O&M) with connected matters -8- Further it needs to be noted that as per the additional affidavit dated 06.03.2024, filed by the Joint Director (Technical) respondent/Department, the private respondents have been own cadre, and not in ITI cadre to which the petitioners belon paragraph 13 of the additional affidavit is as under: 13. That it is pertinent to mention herein that respondents no.3, 4, 6, 7 and 10 were promoted against the vacant post of Principal (Group-B) and not on the post of Principal (Group Furthermore, it is clarified here that as per point no.3 promotion order dated 18.10.2018 that officials posted against the vacant post ‘A’ will not be entitled to any benefit related to Principal Group ‘A’. However, the officials are posted against the vacant post of Principal Group-B and thus, they will not be eligible for any benefits associated with the post of Principal Group that same has been inadvertently mentioned as vacant post of Principal Group ‘A’ instead of vacant post of Principal Group ‘B’ in point no.3. In view of the aforementioned facts against the impugned order of promotion dated survive, as the private respondents have not been promoted against the for ITI cadre, nor have they been given any service benefit against the posts of Principal (Group-A). They have been promoted only against the re-designated posts of Principal (Class II), category B, which belong to VEI cadre as per the 1998 Rules, and ha The petitions accordingly stand dismissed. for institutes with less than 400 but more than 76. needs to be noted that as per the additional affidavit, filed by the Joint Director (Technical) of the respondent/Department, the private respondents have been promoted in their to which the petitioners belong. The relevant is as under: That it is pertinent to mention herein that respondents no.3, were promoted against the vacant post of Principal and not on the post of Principal (Group-A). Furthermore, it is clarified here that as per point no.3 of the 18.10.2018, the condition is mentioned that officials posted against the vacant post of Principal of Group ‘A’ will not be entitled to any benefit related to Principal Group ‘A’. However, the officials are posted against the vacant post of B and thus, they will not be eligible for any benefits associated with the post of Principal Group-A. It appears that same has been inadvertently mentioned as vacant post of Principal Group ‘A’ instead of vacant post of Principal Group ‘B’ facts, the grievance raised by the against the impugned order of promotion dated 18.10.2018, does have not been promoted against the cadre, nor have they been given any service benefits . They have been promoted only designated posts of Principal (Class II), category B, which and has caused no prejudice to the The petitions accordingly stand dismissed. for institutes with less than , the in their The relevant That it is pertinent to mention herein that respondents no.3, were promoted against the vacant post of Principal A). of the , the condition is mentioned of Principal of Group ‘A’ will not be entitled to any benefit related to Principal Group ‘A’. However, the officials are posted against the vacant post of B and thus, they will not be eligible for any A. It appears that same has been inadvertently mentioned as vacant post of Principal Group ‘A’ instead of vacant post of Principal Group ‘B’ by the es have not been promoted against the s . They have been promoted only designated posts of Principal (Class II), category B, which s caused no prejudice to the Aman Dua 2025.03.26 12:26 I attest to the accuracy and authenticity of this judicial document CWP-29379-2018(O&M) connected matter 10. Pending miscellaneous application(s), if any, disposed of. 11. A photocopy of this order be placed on the connected file 10.03.2025 Ad Whether speaking/reasoned Whether reportable 2018(O&M) with connected matters -9- Pending miscellaneous application(s), if any, A photocopy of this order be placed on the connected file Whether speaking/reasoned Whether reportable Pending miscellaneous application(s), if any, shall also stand(s) A photocopy of this order be placed on the connected files. (TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No shall also stand(s) DAHIYA) Aman Dua 2025.03.26 12:26 I attest to the accuracy and authenticity of this judicial document