LAXMI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order dated 25.11.2010, Annexure P -21, passed by the Deputy Commissioner, Fatehabad (respondent No.3), vide which exemption as prayed for by the petitioner from passing the type test, after she having been promoted to the post of a Clerk, was declined, which has resulted in her reversion for having not cleared the type test, which was a condition imposed in the order of promotion.

(2.) IT is the contention of counsel for the petitioner that the petitioner was initially appointed as a Water Carrier on daily wages with the respondents in the year 1981. Her services were regularized vide order dated 17.7.1994 with effect from 01.4.1993. Petitioner alongwith others was promoted as a Clerk as per her seniority by the Deputy Commissioner, Fatehabad, vide order dated 19/20.6.2001 (Annexure P -4). In the order of promotion, it was mentioned that the promoted employee will have to pass the type test in Hindi/English within one year as per the prescribed norm and only thereafter shall be given the annual increment. Another condition was also imposed in the said order that the employee can be demoted to the post of Peon without any reason.

(3.) ANOTHER application dated 4.2.2010, Annexure P -14, was submitted by the petitioner to respondent No.3 for granting exemption to her from type test. Ultimately, the claim of the petitioner for exemption from the type test stands rejected vide impugned order dated 25.11.2010, Annexure P -21 and she was reverted to the post of Water Carrier.