KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is working as a Head Mechanic in the Haryana Roadways. He claims a writ in the nature of mandamus directing the respondents to consider him for promotion to the post of Service Station Incharge with effect from the date persons junior to him viz. respondents Nos. 3 to 6 were promoted. It is averred that in the seniority list of Head Mechanics as it stood on March 31, 1989 the petitioner's name appears at serial No. 17 while the names of respondents Nos. 3 to 6 are shown at serial Nos. 19, 24,25 and 33. The petitioner has further averred that the post of Service Station Incharge has been and is being filled up by promotion from amongst the Head Mechanics. It has been categorically averred that even such Head Mechanics as have not passed the Matriculation examination have been promoted to the post of Service Station Incharge. On these premises, it has been claimed that the action of the respondents in not promoting the petitioner while persons junior to him have been promoted is violative of Articles 14 and 16 of the Constitution.

(2.) In the written statement filed -on behalf of the respondents, it has been inter alia averred that there are no notified rules in the Haryana Roadways. It has been further mentioned that "draft rules of 1983 were framed, vide which a qualification have been prescribed for the promotion of Service Station Incharge and it says candidate should be at least Matric". It is admitted that prior to 1983, all promotions were made on the basis of seniority-cum-merit. It has been further averred that "after 1983 when the draft rules came into existence, all the promotions were made on the basis of seniority-cum-merit and academic qualifications". On these premises, the claim of the petitioner for promotion to the post of Service Station Incharge has been contested.

(3.) Mr. Tahar Singh, learned counsel for the petitioner has submitted before this Court that since the Written statement has been filed on behalf of the respondents only today in Court, he did not get any opportunity to file a rejoinder. However, he submits that the plea taken in the written statement is absolutely false and contrary to the record of the case. He has drawn my pointed attention to the fact that a perusal of the final seniority list of Service Station Incharge which has been produced as Annexure P-3 with the writ petition, shows that various persons who did not possess the qualification of Matriculation, had been prompted as Service Station Incharge not only prior to the year 1983 but have in fact been promoted even after the year 1983. Reference has been made to the cases of Messrs Bagicha Singh, Richhpal Singh, Rad-hey Sham, Ramesh Chandar, Mukhtiar Singh, M.K. Bali, Rajinder Kumar Chopra, Som Dutt, Jasbir Singh and Joginder Singh who were promoted during the period from January 16,1984 to April 5,4989.