SHRI VIDYA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The only issue which requires adjudication in this case is as to whether respondent No.2 was justified in making promotions to the posts of Clerks from amongst Class IV employees on the basis of the test held under his instructions, or, as to whether such promotions should have been made on the basis of seniority-cum-fitness in terms of rule 9 read with Appendix 'B' to the Haryana Police Clerical (State Service Class III) Rules, 1977 (for short 'the Rules of 1977').

(2.) Petitioners Vidya Ram and Subhash Chander, who belong to backward classes and who have passed the Matriculation examination, are substantive Class IV employees and both of them fulfil the conditions of eligibility for promotion as Clerks. There is no dispute between the parties that the petitioners are senior to respondents Nos. 3 to 9 in the cadre of Class IV employees and also that the service record of both these employees is clean.

(3.) Petitioners have alleged that without considering their cases for promotion on the basis of seniority-cum-fitness, respondent No.2 has promoted respondents Nos.3 to 9 on the basis of a test. Respondents have justified their action of promoting the junior persons on the ground that the test was held in order to judge the efficiency of all the eligible persons to work as Clerks and only those, who were found suitable to discharge official work and English dictation which is necessary for the post of a Clerk, have been promoted.