RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Shri Ram Sarup, Assistant has filed the present writ petition under Articles 226/227 of the Constitution of India and has prayed that a writ in the nature of mandamus be issued against respondents No. 1 and 2 directing them to consider his case for promotion as Head Clerk as per the seniority from the date when his juniors were promoted to the said post.

(2.) The case set up by the petitioner is that the was duly selected and appointed as Clerk with respondents No. 1 and 2 and he joined his duties on 3.1.1978. He was duly selected and promoted as Assistant w.e.f. 23.1.1983 on the basis of his seniority and good service record. Unfortunately for the petitioner, he suffered heart ailment and he made a request to the department that his further promotion as Head Clerk may be deferred till he recovers from his ailment. The grievance of the petitioner is that in spite of the fact that he has a good service record to be considered to the post of Head Clerk, he is being ignored and his juniors have been promoted and, therefore, he should be promoted from the back date when his juniors were promoted with all consequential benefits.

(3.) Notice of the writ petition was given to the respondents. They filed the reply and denied the allegations. The defence of the respondents is that the case of the petitioner for promotion for the post of Head Clerk/Deputy Superintendent was discussed in detail. He earned five ACRs during the tenure of Assistant i.e., w.e.f. 7.3.1983 onwards. Since he has not earned 70% good or better category reports, therefore, on the basis of the service record, the petitioner was ignored from the post of Head Clerk.