BALWANT SINGH CLERK Vs. STATE OF HARYANA

JUDGEMENT

(1.) Balwant Singh petitioner is a Clerk in the office of Deputy Commissioner, Fatehabad. By virtue of the present writ petition, he seeks quashing of the promotion of private respondents (respondents No. 3 to 7) and to consider the claim of the petitioner for promotion as Assistant from the date his juniors have been promoted with all consequential benefits.

(2.) The facts alleged are that the petitioner was appointed as a Clerk on 15.2.1990. He joined his duty on 26.2.1990. As per Haryana Revenue Department District Subordinate (Group -C) Service Rules, 1988 (for short "the Rules"), for promotion to the post of Assistant, the only requirement is that a Clerk should have three years experience in the office of the Deputy Commissioner. As per seniority list, the name of the petitioner figures at serial No. 17 while Gulab Singh, Rajender Singh, Om Parkash, Bhuwnesh Kumar and Sewa Singh have been shown at serial No. 18 onwards. The private respondents, referred to above, have since been promoted as Assistant. The claim of the petitioner is stated to have been ignored on the ground that he has not passed the typing test. As per petitioner, the said criteria so adopted is illegal because he cannot be ignored to be considered for the promotion post when he fulfills the requirements of the statutory rules. When his juniors have been promoted his claim could not have been ignored.

(3.) In the written reply filed on behalf of respondents No. 1 and 2, it has been pleaded that in the affidavit filed by the petitioner he has made a declaration that three more juniors have since been promoted but they have not been impleaded as parties. It is admitted that the petitioner joined as a Clerk but his locus standi to file the petition is denied. According to the said respondents, the petitioner is required to appear and qualify the Hindi/English type test as per condition No. 7 in the appointment letter. He was not entitled to any increment. He cannot, thus, claim a right of promotion because he has not passed the type test. Furthermore, it has been pointed out that the qualification for passing the type test is as per the instructions of the Chief Secretary dated 27.3.1974 followed by subsequent instructions dated 22.10.1997. As per the said instructions, it is necessary that the Assistant must pass the typing test. It is on this ground that respondents No. 1 and 2 justify the order ignoring the petitioner's claim for promotion.