Hc Imposes ₹10k Costs On Edu Dept Over Promotions, Legal News, ET LegalWorld – Legal Firms


Chandigarh: Miffed over Haryana government’s delay in filing a reply in a case related to delay in promotions in the education department, the Punjab and Haryana high court has imposed a cost of Rs 10,000 on the department.

Adjourning the matter for December 12 for further hearing, the HC has also asked the department to mention the impediments in regular promotion for which retired personnel are being re-employed.

“Registry is directed to send a copy of this order to the chief secretary, Haryana, as well as to the additional chief secretary concerned for information as to how the department of education is working qua the litigation,” the HC has ordered.

While directing the state to deposit Rs 10,000 in the account of Prabh Aasra, a unit of Universal Disabled CareTaker, the HC has made it clear that the cost amount should be recovered from the pocket of the official responsible for not filing a reply in the HC.

Justice Harsimran Singh Sethi passed these orders while hearing a plea filed by Satyapal Singh and others. On the last date of hearing, the state counsel — on instructions from additional chief secretary Mahabir Singh, department of education, Haryana — submitted that though there is a lack of diligence on behalf of the department, henceforth, all efforts will be made to ensure that reply to petition is filed within the given time frame. A request was also made that one last opportunity be given in the present case to file an appropriate reply though enough opportunities have already been granted.

When the matter came up for hearing before the HC on November 9, despite the last opportunity, no reply was filed by the state and the state counsel sought another opportunity to file the reply. On this, the HC has granted one more opportunity with the condition of depositing the cost of Rs 10,000.

The petitioners in this case have challenged the recent decision of the higher education department, Haryana, through which it was decided to re-employ the college principals on the same post after their retirement.

It has been submitted that re-employment of retired principals in view of sufficient number of eligible candidates available for promotion, is totally unjustified. HC was also informed about the instructions dated June 20, 2018, issued by the Haryana general administration department, chief secretary’s office, in this regard.

It was submitted that petitioners fulfil the eligibility criteria as prescribed under the Haryana Education (College Cadre) Group-A, Service Rules, 1986, and would be deprived of their right of promotion as principal if the retirees are re-employed.

In June, the court has stayed the Haryana government’s decision to re-employ the college principals after their superannuation. The stay has been granted on the plea that re-employment to college principals has blocked the promotion avenues of those college teachers who are in the line of promotion to principal rank.


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