ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by thirteen employees working as Clerks in the office of Deputy Commissioner, Karnal and seeks quashing of condition of passing the Type Test in Hindi or English, contained in the letter of promotion dated 6.2.2002, which stipulates that if the Type Test is not passed, they will not get the annual increment. Since the said condition has been incorporated on the basis of Haryana Revenue Department District Subordinate (Group-C) Service Rules, 1988 (for short, "the Rules"), challenge has also been made to the said Rules.

(2.) We have heard learned Counsel for the parties and perused the record.

(3.) Contention raised on behalf of the petitioners is that Rule 7 read with Appendix 'B', laying down qualification for the post of Clerk, was discriminatory qua promotees, as the condition of annual increment has not been made applicable to the direct recruits. The relevant extract from the said Appendix is as under: