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2005 DIGILAW 138 (PNJ)

Hy. Govt. College Teachers v. Election Commission Of India Etc.

2005-01-25

BINOD KUMAR ROY, RAJIVE BHALLA

body2005
Judgment B.K.Roy, J. 1. The petitioner, Haryana Government College Teachers Association, has moved this Court for issuance of a writ in the nature of prohibition restraining Respondent No. 1 and 3 from appointing the Lecturers working in the Government Colleges of Haryana to do election duty under officials from various Departments of the Government of Haryana viz Naib Tehsildars, Assistant Registrar, Co-op. Societies, A.E.T.Os., Tehsildars, B.D.Os., and Principals of Schools etc., who are drawing much lower scales than the Lecturers and/or other officials junior to them. 2. Heard Mr. S.S.Chandi, learned counsel appearing on behalf of the Petitioner. 3. Mr. M.L. Sarin, learned Senior Counsel appearing on behalf of Respondents No. 1 and 3, however, contends with reference to paragraphs 2.7 and 3.1 of Chapter III of the Hand Book for Returning Officers (2004 Edition) complied by Respondent No. 1 that seniority of officials has to be taken into account in every case ensuring that a senior official is not put on duty under any official who is junior to him/her. Mr. Sarin also highlighted that petitioner is representing the cause of Lecturers, who have been earmarked for discharging the work of Presiding Officer and/or Polling Officer, thus, the apprehension of the Petitioner is wholly unfounded. 4. In reply, Mr. S.S. Chandi, learned counsel appearing on behalf of the Petitioner contends that persons, who are lower in seniority, status and pay scales have been entrusted supervisory duties to take part in the election, which is detrimental to their status etc. and, therefore, the desired writ may be issued. 5. We have perused the pleadings and Hand Book referred to by Mr. Sarin. Paragraph 2.7 of the Chapter III of the Hand Book reads as under:- "Seniority of officials should be taken into account in every case, and it should be ensured that a senior official is not put on duty under an official who is junior to him/her." 6. So far as the guide-lines afore-mentioned, it protects the status of Lecturers. There cannot be any grouse in any ones mind. This Hand Book categorically mentions about Presiding Officer. The paragraph 3.1 of the Hand Book reads as under:- "The Presiding Officer is required to perform very important functions. He should as far as possible, be a Gazetted Officer or, failing that, at least one working in a supervisory capacity. There cannot be any grouse in any ones mind. This Hand Book categorically mentions about Presiding Officer. The paragraph 3.1 of the Hand Book reads as under:- "The Presiding Officer is required to perform very important functions. He should as far as possible, be a Gazetted Officer or, failing that, at least one working in a supervisory capacity. As far as possible, he should not be posted to work at a polling station in the same locality where he lives." 7. A perusal of this para shows some deviation from the earlier sub paragraph extracted above though it adds that as far as possible the Presiding Officer has to be a Gazetted Officer or, failing that, one who has been working in a supervisory capacity besides as far as possible the Presiding Officer should not be posted to work at a polling station in the same locality where he lives. Thus, this guide-line makes a distinction that a Presiding Officer should be one working in a supervisory capacity. The question before us as to whether this exception attracts the applicability of Article 14, equality doctrine enshrined in the Constitution of India? 8. Having regard to the practical aspect of the matter, we are not persuaded to hold that guide-line as contained in paragraph 3.1 attracts the vice. Every cause has got a martyr. Simply because the Lecturers are required to discharge their functions pertaining to the free and fair election in their own State for a day, it is not possible for us to persuade ourselves to hold that Article 14 of the Constitution of India gets attracted. 9. For the reasons afore-mentioned, we dismiss this writ petition. However, expressing hope and trust that those who are responsible for conduct of free and fair election in Haryana will give due prestige to the Lecturers. 10. Let a copy of this order be handed over to Shri Sarin.