Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 67175 (PNJ)

ROOR SINGH AND ANOTHER v. SEEMA JAIN AND ANOTHER

COCP/2117/2023 · 2025-08-18

Nidhi Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB AND HARYANA 210 Roor Singh and another Smt. Seema Education, Government of Punjab, Punjab Civil Secretariat, Sector 9, Chandigarh and another CORAM: Present:- NIDHI GUPTA J. (Oral) proceedings against the respondent 15.2.2023 Court in CWP No. vs. State of Punjab and another order of even date passed by the same co CWP-28434 Punjab and others’ “…to prepare a fresh seniority list in accordance with the Punjab State Education Class III (School Cadre) Service Rules, 1978 within a period of 6 months from the date of COCP-2117-2023 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.2117 of 2023 Date of decision : Roor Singh and another Versus Smt. Seema Jain, IAS, Principal Secretary, Department of Education, Government of Punjab, Punjab Civil Secretariat, Sector 9, Chandigarh and another CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Prince Goyal, Advocate for the petitioners. Mr. Manmeet Singh Teji, AAG, Punjab. NIDHI GUPTA J. (Oral) Prayer in the present petition is for initiation of contempt proceedings against the respondents for not complying the order dated 15.2.2023 (Annexure P-1) passed by a co Court in CWP No.26826 of 2019 titled as “ vs. State of Punjab and another”, which was decided in terms of the order of even date passed by the same co- 28434-2019 titled as ‘Harbhajan Singh and Punjab and others’ vide which the State Government was directed “…to prepare a fresh seniority list in accordance with the Punjab State Education Class III (School Cadre) Service Rules, 1978 within a period of 6 months from the date of receipt of a certified copy of this 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2117 of 2023 (O & M) Date of decision :-18.08.2025 …..Petitioners Jain, IAS, Principal Secretary, Department of Education, Government of Punjab, Punjab Civil Secretariat, …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Prince Goyal, Advocate Mr. Manmeet Singh Teji, AAG, Punjab. Prayer in the present petition is for initiation of contempt for not complying the order dated 1) passed by a co-ordinate Bench of this titled as “Naresh Kumar and others which was decided in terms of the -ordinate Bench in connected 2019 titled as ‘Harbhajan Singh and others vs. State of vide which the State Government was directed “…to prepare a fresh seniority list in accordance with the Punjab State Education Class III (School Cadre) Service Rules, 1978 within a receipt of a certified copy of this VIJAY ASIJA 2025.08.19 18.58 I attest to the accuracy and integrity of this document judgment after giving all the affected candidates an opportunity of hearing and filing objections. Moreover, since this batch of writ petitions has been decided without giving hearing to all the affected masters, they s thereafter the respondents had issued a Public Notice dated 07.7.2023 (Annexure P tentative was uploaded on the website of the Department. It is submitted that therefore the direction dated 15.2.2023 to pass fresh seniority list has not been complied with. Court, learned State co 12.12.2023 by way of affidavit of Shri Kamal Kishor Yadav, Secretary to Government of Punjab, Department of School Education, on behalf of respondent No.1 in the Registry, which is annexed with the file. The said Rep is supplied to learned counsel for the petitioners. Registry to tag/paginate the same at appropriate place in the paper Deepak Gauri, Sr. As (Secondary) submits that the fresh seniority list dated 14.5.2024 in compliance of direction dated 15.2.2023 has been duly formulated and has been uploaded on the official website of the Department. Copy of the order dated 29.5.2024 passed by the Director, Directorate of School Education (Secondary) Punjab, SAS Nagar COCP-2117-2023 (O & M) judgment after giving all the affected candidates an opportunity of hearing and filing objections. Moreover, since this batch of writ petitions has been decided without giving hearing to all the affected masters, they shall have liberty to file applications for recall…..”. It is submitted by learned counsel for the petitioners thereafter the respondents had issued a Public Notice dated 07.7.2023 (Annexure P-2) wherein the quashed seniority list dated 19.6.2019 as tentative was uploaded on the website of the Department. It is submitted that therefore the direction dated 15.2.2023 to pass fresh seniority list has not been complied with. In pursuance of order dated 24.7.2023 passed by this Court, learned State counsel has already filed the Reply dated 12.12.2023 by way of affidavit of Shri Kamal Kishor Yadav, Secretary to Government of Punjab, Department of School Education, on behalf of respondent No.1 in the Registry, which is annexed with the file. The said Reply is ordered to be taken on record. Copy thereof is supplied to learned counsel for the petitioners. Registry to tag/paginate the same at appropriate place in the paper Learned counsel for the State, on instructions from Mr. Deepak Gauri, Sr. Assistant, Department of School Education, Punjab (Secondary) submits that the fresh seniority list dated 14.5.2024 in compliance of direction dated 15.2.2023 has been duly formulated and has been uploaded on the official website of the Department. the order dated 29.5.2024 passed by the Director, Directorate of School Education (Secondary) Punjab, SAS Nagar 2 judgment after giving all the affected candidates an opportunity of hearing and filing objections. Moreover, since this batch of writ petitions has been decided without giving hearing to all the affected hall have liberty to file applications for recall…..”. by learned counsel for the petitioners that thereafter the respondents had issued a Public Notice dated 07.7.2023 2) wherein the quashed seniority list dated 19.6.2019 as tentative was uploaded on the website of the Department. It is submitted that therefore the direction dated 15.2.2023 to pass fresh seniority list has not been complied with. In pursuance of order dated 24.7.2023 passed by this unsel has already filed the Reply dated 12.12.2023 by way of affidavit of Shri Kamal Kishor Yadav, Secretary to Government of Punjab, Department of School Education, on behalf of respondent No.1 in the Registry, which is annexed with ly is ordered to be taken on record. Copy thereof is supplied to learned counsel for the petitioners. Registry to tag/paginate the same at appropriate place in the paper-book. Learned counsel for the State, on instructions from Mr. sistant, Department of School Education, Punjab (Secondary) submits that the fresh seniority list dated 14.5.2024 in compliance of direction dated 15.2.2023 has been duly formulated and has been uploaded on the official website of the Department. the order dated 29.5.2024 passed by the Director, Directorate of School Education (Secondary) Punjab, SAS Nagar has been handed VIJAY ASIJA 2025.08.19 18.58 I attest to the accuracy and integrity of this document over in the Court, which is taken on record. Copy thereof is supplied to learned counsel for the petitioners. the petitioners submits that the present petition may be disposed of with liberty to the petitioners to challenge the seniority list as well as the Order dated 29.5.2024 passed by the Director, Directorate of School Education (Secondary) Punjab, SAS Nagar, if so advised. aforesaid to the petitioners. August 18 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No COCP-2117-2023 (O & M) over in the Court, which is taken on record. Copy thereof is supplied to learned counsel for the petitioners. In view of the facts mentioned above the petitioners submits that the present petition may be disposed of with liberty to the petitioners to challenge the seniority list as well as the Order dated 29.5.2024 passed by the Director, Directorate of ol Education (Secondary) Punjab, SAS Nagar, if so advised. The present petition is disposed of aforesaid to the petitioners. Rule stands discharged. Pending application(s), if any, shall stands disposed of. 8, 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 3 over in the Court, which is taken on record. Copy thereof is supplied facts mentioned above, learned counsel for the petitioners submits that the present petition may be disposed of with liberty to the petitioners to challenge the seniority list as well as the Order dated 29.5.2024 passed by the Director, Directorate of ol Education (Secondary) Punjab, SAS Nagar, if so advised. disposed of with the liberty Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.08.19 18.58 I attest to the accuracy and integrity of this document