SATYA DEVI CHAUHAN Vs. H.P VIDHAN SABHA

JUDGEMENT

(1.) Petitioner was admittedly working as Peon with respondent No.

(1.) Her service conditions are governed under the rules framed by this respondent. These are known as H.P. Vidhan Sabha Secretariat (Recruitment, conditions of Service) Rules, 1974". Under these rules a person like the petitioner holding the post of Peon is entitled to be considered for being promoted to two posts. One of clerk/Proof Reader/copy Holder. 10% of these posts are to be filled in by promotion and 90% by direct recruitment. For promotion criteria is that it is from amongst the grades of drivers, Watch and ward Assistants and other class -IV officials who are matriculates to equivalent examination pass. To the post of Book Binder, promotion is to be made 100% by promotion. Eligibility criteria is from amongst Daftris, Jamadars and Library Attendants with five years service in the grade, failing which from amongst the peons with at least 7 years service. There is a note which is to the following effect - "Note: - Only those with minimum Educational qualification of knowledge and experience of book -binding would be eligible for consideration.

(2.) Thus, the only distinction for promotion to the post of clerk/Proof Reader/Copy holder and Book Binder is that in former case, the ratio is 10% by promotion and rest by direct recruitment. Whereas in case of Book Binder, it is 100% by promotion. Further distinction is of educational qualification for both the above posts. For the post of Clerk/Proof Reader/Copy Holder, candidate has to be a Matriculate or equivalent pass; whereas in the case of Book Binder, the candidate has to be middle examination pass. Relevant extract from the above noted Recruitment Rules is placed on the file as Annexure PA.