IQBAL KAUR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The two petitioners are steno-typists and are posted in Punjab State Planning Board, Chandigarh. They aggrieved by the action of the respondent-State in not promoting them to the post of Junior Scale Stenographer in spite of the fact that they have appeared in the test held in pursuance to the decision dated May 7/10, 1991. The petitioners claim that the action of the respondents in not promoting them is absolutely illegal, arbitrary and contrary to the rules and instructions issued by the department.

(2.) The respondents have filed the written statement. It is averred that the petitioners are required to qualify the stenography tests both in Punjabi and English languages before becoming eligible for promotion to the post of Junior Scale Stenographers. Since the petitioners have not qualified the stenography test in English language they are not eligible to be considered for promotion. It has been further averred that vide letter dated Aug. 21, 1991, the petitioners were informed that the stenography test in English shall be held on Sept. 30, 1991. In spite of this notice the petitioners chose, not to appear in the test. It has been further averred that the instructions dated May 7/10, 1991 providing that the promotee shall have to quality the stenography test in English were issued inadvertently and were later on withdrawn vide letter dated Aug. 21, 1991. Mr. J.S. Khehar, learned Additional Advocate General, Punjab for the respondent suggests that the Government had acted in ignorance in the rules and when it realised its mistake, the corrective step was taken.

(3.) Appointment to the post of Junior Scale Stenographer is governed by the Rules called, The Punjab State Planning Board (Class-III) Services Rules, 1988 (hereinafter referred to as 'the Rules'). Method of appointment and qualifications etc. is laid down in Rule 8. In a nutshell, the rule provides that the appointment shall be made in the manner specified in Appendix-B. In Appendix-B, the relevant entry reads as under:- <FRM>JUDGEMENT_238_LAWS(P&H)1_1992(1).html</FRM>