DALBIR SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court with a grievance that the condition of passing the type test prior to being entitled to the grant of annual increment on his promotion to the post of Clerk from that of a Peon is not sustainable as the Statutory Rules governing the service i.e. The Haryana Employment Department (Group -C) Services Rules, 1985, as applicable to the department, do not envisage the same nor do the same prescribe such a condition. The Instructions, if any of the Government of Haryana, will not supersede the Statutory Rules. Reliance has been placed upon a judgment passed by the Hon'ble Supreme Court in C.W.P. No. 2159 of 2009 titled as Prem Chand and another v. The State of Haryana and others, decided on 20.07.2010 (Annexure P -2) in support of this contention.

(2.) COUNSEL for the petitioner contends that the petitioner, after his promotion on 12.01.2012, had submitted a representation dated 31.07.2012 (Annexure P -3) to The Sub -Divisional Employment Officer, Ratia, District Fatehabad -respondent No. 3, who had forwarded the same to the office of the Director General, Employment Department, Haryana -respondent No. 2 on 01.08.2012 (Annexure P -4) but no response thereto has been received. Petitioner has been denied the benefit of the annual increment because of this condition imposed in the promotion order.

(3.) IN the light of the statement made by the counsel for the petitioner, the present petition is disposed of with liberty to the petitioner to file a detailed representation to the Director General, Employment Department, Haryana -respondent No. 2 within a period of three weeks' from today. If such a representation is made, the same shall be considered and decided by the said respondent within a period of two months' from the date of submission of such representation.