SURINDER KUMAR DHINGRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was promoted as a Junior Scale Stenographer subject to the condition that he will "Have to quality test to English Stenography within a period of two years failing which" he "will stand reverted to the original post." Apprehending reversion, the petitioner filed the present writ petition on May 26,1992. The Motion Bench admitted the writ petition and stayed the reversion. As a result, the petitioner has continued to work on the post of Junior Scale Stenographer.

(2.) The respondents complain that the petitioner having been promoted to the higher post subject to the condition of his qualifying the lest, is not entitled to the grant of any relief as he has not actually passed the test. It has been pointed out that the test was fixed for June 15, 1993. The petitioner was cailed. He did not appear. Even subsequently, various opportunities had been given but he failed to appear.

(3.) Mr. S.P, Laier, learned counsel for the petitioner submits that the action of the respondents suffer- from the vice of discrimination. Mr, Jaswant Singh, counsel for the respondents submits that the petitioner having been promoted subject to the condition of qualifying the test was liable to be reverted as he had not passed the test. He further submits that all the persons who were promoted vide order dated May 29,1990 shall be treated alike. He states that a test shale be held on February 1996. The petitioner alongwith other persons as mentioned in Annexure P-2 shall be allowed to appear, in case, they quality the test, they will be allowed to continue on the post of Junior Scale Stenographer. Otherwise, they would be reverted in accordance with the terms of their appointment.