BALBIR SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE petitioner, who was appointed as Safai Mazdoor (Sweeper) on 3.5.1994 and since then is working as such in the Municipal Committee, Samalkha, has filed this petition under Articles 226/ of the Constitution of India for quashing the order dated 21.2.2006 (Annexure P -14) passed by the Deputy Commissioner, Panipat, whereby claim of the petitioner for promotion to the post of Clerk has been rejected.

(2.) IT is the case of the petitioner that he has passed the Matriculation examination in the year 1983. He has also passed the Higher Secondary examination in the year 1985. He belongs to the Scheduled Caste category and is fully eligible for appointment on the post of Clerk. It is further case of the petitioner that as per instructions dated 3.5.1991, issued by the Government of Haryana, a Class IV employee, after completion of 5 years of service as well as having the qualification of Matriculation, is eligible for promotion to the post of Clerk. Since the petitioner has completed more than 5 years of service and he is also eligible for appointment on the post of Clerk, he moved an application to the Secretary, Municipal Committee, Samalkha, to consider his claim for his promotion to the post of Clerk. He also sent a representation in this regard to the Deputy Commissioner. When the representation of the petitioner was not considered by the Deputy Commissioner, he filed C.W.P. No. 9948 of 2002, which was disposed of on 5.7.2002, with a direction to the respondents to consider and decide the representation of the petitioner by passing a speaking order, within ? period of four months.

(3.) IN the writ petition, the petitioner has not disputed his seniority position, as mentioned in the impugned order. His claim is that he. has worked for more than 5 years as Safai Mazdoor (Sweeper) and is fully eligible for promotion to the post of Clerk, therefore, he should be promoted as Clerk.