STATE OF PUNJAB AND ANR. versus TEJA SINGH AND ORS.

Citation: [2007] 1 S.C.R. 1105 · Decided: 17-01-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed
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Judgment (excerpt)

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STATE OF PUNJAB AND ANR. 
A 
v. 
TEJA SINGH AND ORS. 
JANUARY 17,2007 
[S.B. SINHAAND MARKANDEY KAT JU, JJ.] 
B 
Service law: 
, . .., 
Lien-Promotion of respondents to the post of lecturer-Provisionally 
posted as Headmasters-Denied promotion to the post of Principal on the c 
premise of having lost lien on the post of lecturer-Held: Respondents were 
promoted on provisional basis-Hence have not lost their lien-Not to be 
denied promotion to the post of Principal. 
The respondents were appointed as Masters in the Education 
Department. As they possessed Master degree, they were promoted to the 
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post of Lecturer. In 197 4, they were temporarily posted as headmasters at 
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their own pay. The respondents were denied the promotion to the post of 
Principal, Grade II on the premise that they, having been promoted to the 
post of Headmaster, lost their lien on the post of Lecturer. 
They successfully filed writ petitions before the High Court. Hence 
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these appeals. 
Dismissing the appeals, the Court 
HELD: The Respondents were promoted on provisional basis. It cannot, 
therefore, be said that they lost their lien. Even the Cadre ControJJing 
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Authority could not have changed their cadre without their consent. Even 
otherwise having regard to the fact that they were provisionally promoted 
to the post of Head master long before the rules came into force, in absence 
of any express provision contained therein _or any option sought for, from 
the respondents, they could not have been denied the benefit of promotion 
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to the post of Principal, Grade II. If such a contention is upheld, the same 
would result in an absurdity. Rules must be considered in a reasonable and 
pragmatic manner. [Para 8] [1107-D-F] 
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CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 6401-6407 of 
2000. 
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1105 
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1106 
SUPREME COURT REPORTS 
(2007) l S.C.R 
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A 
From the Judgments and Final Orders dated 10.7.2000 and 12.7.2000 of 
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the High Court of Punjab and Haryana at Chandigarh in L.P.A. Nos. 800/2000 
in C.W.P. No. 12829/1995, 819-824/2000 in C.W.P. Nos. 10327, 7213/1995, 
18164/1994, 9426, 7719 and 96011995 respectively 
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D.P. Singh, Shashank Moona and Arun K. Sinha for the Appellants. 
Manoi Swarup, Atulesh Kr. Anant, S.C. Paul, Roopa Paul, Mohinder 
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Singh, Rekha Pandey and Subhash Sharma for the Respondents. 
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The Judgment of the Court was delivered by 
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S.B. SINHA, J. : I. The State of Punjab is before us aggrieved by and 
dissatisfied with the judgment and order dated 10.7.2000 in LPA No. 800/ 
2000 passed by a Division Bench of the High Court of Punjab and Haryana 
dismissing the LPA arising from the judgment and order of a learned Single 
Judge of the said Court in writ petitions filed by the respondents herein, 
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opining that their cases should be considered for promotion to the post of 
Principal, Grade II. 
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2. The basic fact of the matter is not in dispute. Respondents were 
appointed as Masters in the Education Department of the State of Punjab. 
As they possessed Master degree, they were promoted to the post of 
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Lecturer. In or about 1974, they were temporarily posted as headmasters. A 
sample copy of the order of such posting is in the following terms : 
"The following Masters/Lecturers are hereby provisionally 
posted at their own pay and grade on the post of Headmasters. 
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(P.E.S. III) Non Gazetted Men Branch. These postings are purely 
temporary and all are subject to the conditions noted below : 
:< -< . 
xxx 
xxx 
xxx 
3. They continued to work on the post of Headmaster till about 1978. 
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However, rules were framed in terms whereof the posts of Principal, Grade 
II were to be filled up by way of promotion as also by direct recruit in the 
ratio of 75 : 25. 
4. It is stated that the State had issued a circular on or about 24th 
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January, 1977 laying down the ratio of 60 : 40 for filling up the posts of 
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Headmaster/Lecturer. The respondents were denied the promotion to the 
STATE v. TEJA SINGH [SINHA, J.] 
1107 
post of Principal, Grade II by an order dated 15.7.1995, inter alia on the 
premise that they, having been promoted to the post of Headmaster, lost 
their lien on the post of Lecturer. 
5. Writ petitions filed by the respondents have been allowed as noticed 
hereinbefore. Letter Patent Appeals filed by the State of Punjab thereagainst 
were dismissed. 
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6. The contention of the learned counsel for the ap
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