PUNJABI UNIVERSITY Vs. GOBIND KUMAR

JUDGEMENT

(1.) Defendant-Punjabi University, Patiala is in second appeal against judgment and decree dated 18.07.1996 passed by Additional District Judge, Patiala vide which judgment and decree dated 30.04.1993 passed by Senior Sub Judge, Patiala was upheld and appeal was dismissed.

(2.) Plaintiff Gobind Kumar filed a suit for declaration and mandatory injunction to the effect that plaintiff was entitled for promotion to the post of Technician T-5 on the basis of senioritycum-merit when senior most Sh. Manjit Singh refused such promotion and when 100% posts of Technician T-5 were to be filled up from amongst departmental candidates. Mandatory injunction was sought restraining the defendant from imposing condition of typewriting in English at the speed of 30 WPM and holding of such typewriting test before consideration of names for promotion to the post of Technician T-5. Such a condition was claimed to be not prescribed under departmental service rules which prescribed only qualification and experience for promotion.

(3.) Plaintiff asserted that he being fully qualified having served as Technician T-6 for about 10 years, therefore, was entitled to be promoted as Technician T-5 on the basis of his seniority-cum-merit without the condition of passing of typewriting test with prescribed speed.