RAM DASS Vs. COMMISSIONER & SECRETARY TO GOVT. OF HARYANA PRINTING AND STATIONERY DEPARTMENT AND OTHERS

JUDGEMENT

(1.) The petitioner was inducted into the service of the Printing and Stationery Department, Haryana, and was discharging his duties therein as a Book Binder. On ward promotion from the post of Book Binder is to the post of Warehouse Operator. The Punjab Printing and Stationery Department (Class-III) Industrial Service Rules, 1964 (hereinafter referred to as the 1964 Rules), are admittedly the rules applicable for promotion from the post of Book Binder to the post of Warehouse Operator. Rule 7 (20) of the 1964 Rules is the relevant rule, depicting that Book Binders, who have qualified the departmental test, are eligible for promotion to the post of Warehouse Operator. The aforesaid rule is being extracted hereunder for facility of reference :

(2.) Through the instant writ petition, the petitioner claims promotion to the post of Warehouse Operator with effect from the date his junior was promoted as such. The petitioner has placed on the record of this case order dated 1.2.1984 (Annexure P-1), depicting the promotion of respondent No. 3 against the post of Warehouse Operator.

(3.) In order to substantiate the superior claim of the petitioner, learned counsel for the petitioner has invited the attention of this Court to the fact, that in the joint seniority list, the name of the petitioner was shown at Sr. No. 57, whereas, the name of respondent No. 3 was shown at Sr. No. 77. The aforesaid factual position has not been disputed either by the official respondents or by the private respondent. It is, therefore, natural to conclude, that the petitioner was indeed senior to respondent No. 3 as a Book Binder.