(1.) The petitioner was recruited as Mali-cum-Chowkidar on December 9, 1981 on work-charge basis. Respondent No.4 was similarly appointed on March 25, 1982. Vide order dated July 26, 1985, respondent No. 4 was promoted along with various other persons to the post of Water Pump Operator Grade II. Aggrieved by this promotion, the petitioner has approached this Court for the issue of a writ of mandmus directing the respondents to consider this claim for promotion w.e.f. the date respondent No. 4 was promoted.
(2.) In the written statement filed on behalf of the respondents, it has been inter-alia averred that the petitioner had filed a civil suit in the Court of Senior Sub Judge Kurukshetra for the grant of the same relief. This suit is stated to have been dismissed on March 7, 1989. It has also been averred that under the instructions, a copy of which has been produced as Annexure R-1, it has been laid down that a person should be literate and should have worked as a Chowkidar/Beldar Fitter Coolie for seven years before he could be promoted to the post of Water Pump Operator Grade-II. It has been further averred that as none of the persons working as Mali-cum-Chowkidar has completed seven years of experience, the Sub Divisional Engineers were directed by the Executive Engineer vide his letter dated June 14, 1985 (Annexure R-2) to send the names of those Mali-cum-Chowkidars with their applications who are matriculate or above and arc willing to accept the promotion of Water Pump Operator Grade-II. On these premises, it is claimed that since the petitioner did not fulfil the qualification of matric, he was not eligible for promotion to the post of Water Pump Operator Grade-II.
(3.) I have heard Mr. R.K. Malik for the petitioner and Mr. Arun Nehra for the respondents.