JAI KANWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court, impugning the clause incorporated in the order dated 4.11.2010, Annexure P -3, where it is mentioned that failure to qualify the type test in the prescribed speed as per the condition imposed in the appointment letter of the petitioner, would render him ineligible for consideration for promotion on the post of Assistant. As per the petitioner, the said condition is unsustainable in the light of the fact that the statutory rules do not provide for passing of such a type test either for the post of Clerk on promotion or for the post of an Assistant.

(2.) IT is the contention of counsel for the petitioner that the petitioner was appointed as a Peon on 21.1.1981. He was promoted as a Clerk vide order dated 13.7.2000, Annexure P -1. In the said promotion order, conditions imposed were that the promotion would be subject to approval of the Staff Selection Commission, Haryana, and annual increment would be granted to the petitioner only after passing the type test in the prescribed speed, as per the Government instructions. No further rider was imposed in the said order, Annexure P -1. He states that the petitioner, as per his seniority, was entitled for consideration for promotion to the post of an Assistant.

(3.) THE case of the petitioner was considered alongwith other Clerks for promotion to the post of Assistant/Account Clerk. However, his case was rejected for promotion on the ground that he had failed to qualify the type test in the prescribed speed as per the condition imposed in his promotion order, Annexure P -1. This, as per the counsel for the petitioner, is an observation, dis -entitling him for promotion, which is dehors any statutory requirement. Relying upon the statutory rules known as The Haryana Town and Country Planning Department, Ministerial (Group C) Service Rules, 1983 (for short, "1983 Rules"), which have been appended by the respondents alongwith the reply as Annexure R -5, where Item No.10 deals with the Clerk and the qualifications prescribed are Matric with five years service of Group D employee or Group C employee or combined service as such. Apart from a person being Matric or Higher Secondary or equivalent examination of recognized University, the other two conditions were knowledge of Hindi upto Matric standard and Hindi or English typing at a speed of 25/30 words per minute. This condition is only with regard to the appointment by transfer. However, so far as a candidate, who is promoted to the post of Clerk, the condition of passing the type test has not been prescribed under the statutory rules. Reliance of the respondents upon the Haryana Government circular dated 22.10.1997, Annexure R -6, which mandates passing of the type test for a Clerk for promotion to the higher post, is dehors the statutory rules and in fact violates the same, which cannot be relied upon for denying the benefit to the petitioner. He accordingly prays that the impugned observations in the order dated 4.11.2010, Annexure P -3, be set -aside qua the petitioner and a direction be issued to the respondents to consider the claim of the petitioner for promotion to the post of Assistant from the date his juniors have been promoted and consequential benefits be also granted to him.