HARMESH SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner (Harmesh Singh) was directly appointed as Junior Scale Stenographer on 08.10.1993 and by filing the present writ petition, he has sought a Mandamus commanding the Agriculture Department to consider and promote him to the next higher post of Senior Assistant from the promotion date his juniors, Smt. Ranju Rani, Smt. Sudesh Bala, and Smt. Parveen Kumari, Steno-Typists/respondent Nos. 3 to 5, respectively, vide orders dated 11.10.2010 & 22.12.2011 (Annexures P-2 & P-3, respectively).

(2.) Upon notice, the respondents have filed a reply, wherein it is stated that as per Rule 5 of the Punjab Civil Services (Promotion of Stenographers and Steno-Typists) Rules, 1961 (in short 'the Rules, 1961'), all the Junior Scale Stenographers and Steno-Typists alongwith Clerks will be eligible for promotion to the post of Assistant, after they have qualified the test prescribed for the post of Assistants. Sub-Rule (2) of Rule 5 of 'the Rules, 1961' provides that the inter se seniority of such Junior Scale Stenographers and Steno-Typists vis-a-vis Clerks shall be determined by the dates of their continuous appointment against the post of Junior Scale Stenographer or Steno-typist or Clerk, as the case may be. Sub-Rule (2) of Rule 1 provides that 'the Rules, 1961' shall apply to all the Stenographers and Steno-typists of all the departments of the State excepting those of the Punjab Civil Secretariat, the Punjab Legislative Council Secretariat and the Punjab High Court. It is further stated that private respondents Nos. 3 to 5, no doubt had been promoted/appointed as Junior Scale Stenographers on 19.06.1997, 05.03.1999 & 102009, respectively, after qualifying a test in Punjabi Stenography, however, they were initially appointed as Steno-typists, much prior in time to the petitioner i.e. w.e.f. 21.08.1989, 21.08.1989 & 18.06.1985, respectively, accordingly, as per the provisions of Rule 5 (2) of 'the Rules, 1961', therefore, they were to be considered senior to the petitioner for promotion to the post of Assistant.

(3.) Counsel for the petitioner, by referring to the seniority list dated 22.02.2010 (Annexure P-1) of Junior Scale Stenographer, has vehemently argued for promotion of the petitioner to the post of Senior Assistant.