LAWS(SC)-2011-8-101

STATE OF PUNJAB Vs. JAGDISH KAUR

Decided On August 26, 2011
STATE OF PUNJAB Appellant
V/S
JAGDISH KAUR Respondents

JUDGEMENT

(1.) These two appeals, at the instance of the State of Punjab and its officials, are directed against orders passed by the Punjab and Haryana High Court by which it knocked down the requirement of passing typing test in Punjabi at the speed of 30 words per minute (w.p.m.) as an eligibility criterion for promotion from class IV to class III posts in the State Government service.

(2.) Jagdish Kaur, the respondent in Civil Appeal No.2897 of 2006 was appointed as a Peon in the Government High School Vairwal, Tehsil Tarn Taran, District Amritsar, on February 21, 1978. Her appointment was made on compassionate grounds following her husband's death in harness on January 14, 1977. At the time of her appointment, she had passed matriculation examination in 3rd division. After joining the service, she passed the Senior Secondary School Examination from the Punjab School Education Board in 2nd division in the year 1992. According to her case, after passing the plus two examination, she became eligible for promotion to a class III post and she, accordingly, moved the concerned authorities for her promotion. However, getting no favourable response from them, she approached the Punjab and Haryana High Court in CWP No.11758 of 2003 seeking appropriate reliefs.

(3.) Harjinder Singh, respondent No.1, in Civil Appeal No.4134 of 2006, similarly joined as a Peon in the department of technical education on April 7, 1992. He was a matriculate at that time. According to his case, another person, namely, Baldev Singh, who was junior to him in class IV, was given promotion to a class III post in supersession of his claim. He too, therefore, moved the Punjab and Haryana High Court in CWP No.729 of 2004 seeking a direction to the concerned authorities to promote him to a class III post.