SATISH KUMAR VIJRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner joined the service as a Instrument Repairer on 22.10.1965 as a direct recruit through selection and was posted at the Punjab Polytechnic, Nilokheri before re -organisation of the State of Punjab, Haryana and Himachal Pradesh. After the re -organisation, the said polytechnic is now known as Government polytechnic, Nilokheri. It is contended by the learned counsel for the petitioner that in the Department of Technical Education, Haryana, there are number of posts of Workshop Instructors in different trades and the minimum qualification for those posts are - Under Matriculate, one year Certificate Course from an Industrial Training Institute, whereas the petitioner is a matriculate with two years Certificate in Instrument and Mechanical Trade from the Government Industrial Training Institute and has also acquired four years Diploma in Mechanical Engineering and despite these qualifications, he is not being considered for being posted as Workshop Instructor though those posts are almost identical, it is further averred that in the post of Workshop Instructor, there is a channel of promotion but in the post of Instrument Repairer, there is no channel of promotion as none has been indicated in the rules. It is unfortunate that the petitioner has stagnated in the same rank for the last 35 years.

(2.) The stand of the respondents is that under the rules, there is no channel of promotion provided from the rank of Instrument Repairer, as such, the petitioner cannot stake his claim against a post which relates to channel of promotion from the post of Workshop Instructor. Even if, the petitioner has higher qualification which are not meant for the post of Instrument Repairer, yet he cannot stake his claim for any other post, which is not in the channel of promotion.

(3.) I find substance in the argument of the learned counsel for the State through it is unfortunate that no channel of promotion has been provided from the rank of Instrument Repairer but it is the sole discretion of the State to provide the channel of promotion. Learned counsel for the petitioner states that he shall make a detailed comprehensive representation to the Government for consideration by the competent authority for the purpose of providing channel of promotion from the rank of Instrument Repairer, to the rank of Foreman etc. Let the petitioner file a detailed representation be himself or through his counsel within a period of one month from today addressing it to the competent authority. The competent authority shall decide such representation within three months from the date of receipt of the certified copy of this order from this Court or from the petitioner whichever is earlier. It shall be appreciated if a detailed reasoned order is passed by giving personal hearing to the petitioner. Before parting with this judgment, I may observe that the competent authority may consider the representation of the petitioner sympathetically. The writ petition stands disposed of in the above terms.