ASHOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayer in the present writ petition is for issuance of a writ in the nature of certiorari for quashing of the letter dated 26.07.1995 (AnnexureP-4), vide which the petitioner had been refused to compete in the promotional test to be conducted by respondents.

(2.) Counsel for the petitioner contends that the petitioner was appointed after a regular selection process as temporary Assistant Sub Inspector (Clerk) with effect from 25.09.1989. He continued to serve respondents as such. From the very beginning, he was granted regular pay scale of the post on which he was appointed. He took a typing test and cleared the same on 26.10.1994. Thereafter, on 21.07.1995, the petitioner made an application for taking promotional test. The said application of the petitioner was rejected by respondents, vide Order dated 26.07.1995 (Annexure-P-4), stating therein that since the petitioner had qualified the typing test on 26.10.1994, he would be deemed to have been appointed on regular post as he was appointed as Assistant Sub Inspector (Clerk) on regular basis with effect from 26.10.1994. As he had not completed the period of five year of service from the date of his clearing the typing test, he was held not entitled to take the promotional test.

(3.) Counsel for the petitioner contends that the denial of the petitioner to take promotional test is not in consonance with the Rules as the requirement of the Rules is that he should be having five years regular service in the pay scale, which the petitioner had from the very outset, when he was appointed as a Assistant Sub Inspector (Clerk), he was given regular pay scale. He on this basis submits that the impugned Order deserves to be set aside and the petitioner should be held entitled to take promotional test from the date he had completed five years of service from the initial date of his appointment.