IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 7241 of 2007 Date of Decision:14.1.2008 Asgar Khan ...Petitioner Versus State of Haryana and others. ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Satish Chaudhary, Advocate for the petitioner Mr. Harish Rahtee, Senior Deputy Advocate General, Haryana for respondent Nos. 1 and 2. -.- JASBIR SINGH, J.(ORAL) By filing this writ petition, the petitioner prays that directions be issued to the respondents to promote/adjust him on the post of Clerk as per the provisions of Haryana Civil Services (Promotion of Group C and Group D Employees) Rules, 1998 (hereinafter referred to as the Rules). It is apparent from the record that the petitioner was adjusted against the post of Lab Attendant on 13.10.1993 in the pay-scale of Rs. 950- 1500/-(subsequently revised in the pay-scale of Rs. 3050-4590/- w.e.f. 1.11.1996) by changing his lien from the post of Peon, to which he was originally appointed in the Education Department on 9.4.1981. The respondent-State had promulgated the aforesaid Rules providing for the promotion of Group C and Group D Employees of all the Departments of the State of Haryana to the post of Clerks. Admittedly, when the departmental rules relating to Ministerial Staff Group `C' were amended, the post of Lab Attendant was omitted and the post of Senior Lab Attendant was created in the pay-scale of Rs. 3050-4590/- i.e. the scale which the petitioner C.W.P. No. 7241 of 2007 -2- was drawing as Lab Attendant, and the same was included in Class III category. It is further admitted that the pay scale of Senior Lab Attendant and Clerk is the same i.e. Rs. 3050-4590/-. It is also not in dispute that the petitioner had passed the departmental test conducted by SCERT, Gurgaon on 4.10.1999 and placed at serial no. 18 of the list of successful candidates, making him eligible for promotion to the post of Clerk as per the aforesaid Rules. He filed a representation as well as legal notice seeking promotion/adjustment to the post of Clerk as per rules. No action being taken thereupon, he filed C.W.P. No. 18366 of 2006, which was disposed of vide order dated 21.11.2006 with a direction to the respondents to decide his representation as well as legal notice within a period of two months. His prayer was rejected by the respondents vide order dated 2.3.2007 (Annexure P-3) in the following term:- “That as per the above directions of the Hon'ble High Court dated 21.11.2006 the record of the petitioners case has been examined and from perusal of the same it reveals that he was appointed as peon in the department on 09.04.1981 and later on he was promoted to the post of Lab Attendant on 13.10.1993 in the pay scale of 950-1500 and the same was revised w.e.f. 01.01.1996 in the scale of 3050-4590. Thereafter the rules relating to ministerial staff Group-C were amended in 1998 and the post of Lab Attendant stood omitted and the post of Senior Lab Attendant was created in the pay scale of 3050-4590 and the same was included in Class-III Category. Hence, there is no provision to promote Senior Lab Attendant to the post of Clerk which is of the same scale. The petitioner is receiving pay scale of 3050-4590 which the scale of the Senior Lab Attendant, hence, virtually his case is being treated in Class-III for all purpose and intents as Senior Lab Attendant. The representation of the petitioner is disposed of accordingly.” It is how the present writ petition has been filed by the petitioner. C.W.P. No. 7241 of 2007 -3- Upon notice, reply has been filed on behalf of respondent Nos. 1 and 2 in the Court and the same is taken on record. It is stand of the respondents that both the Class III posts of Senior Lab Attendant and Clerk are in the same pay-scale of Rs. 3050-4590/- and hence there is no provision to promote Senior Lab Attendant to the post of Clerk. We are satisfied that the plea taken by the respondents, while passing the order dated 2.3.2007 and in the written statement, denying the entitlement of the petitioner is palpably wrong. Rule 3 of the aforesaid Rules (which provides for the promotion of Group C and Group D Employees of all the Departments of the State of Haryana to the post of Clerk) lays down the eligibility conditions for promotion and reads as under:- “3.Eligibility for promotion-Notwithstanding anything to the contrary contained in any other service rules, framed in this behalf. Group-C and Group D employees who are Matriculate and have put in five years service on Group-C or Group-D posts or combined experience of five years on both Group C and Group D posts, whose scales of pay are less than or equal to the scale of the post of Clerk, shall be eligible for promotion to the 20 percent posts of Clerk reserved for them. When the turn of such employees comes up for promotion to the post of Clerk, they shall have to pass a written departmental test in Hindi and English languages of the Matriculation level to be conducted by the Head of the Department concerned and only on being qualified they shall be considered for promotion to the post of Clerk. Such promotion shall be made on the basis of seniority-cum-fitness.” It is also an admitted fact that 20% posts are reserved for promotion/adjustment for Group C and Group D employees. Perusal of Rule 3 hereinabove, indicates that the persons, who are working on Group 'C' posts (like the petitioner) can be promoted to the post of Clerk even if their pay scale is C.W.P. No. 7241 of 2007 -4- equal to the pay scale of the post of Clerk, if they have an experience of five years in Group-C/Group-D posts and have passed the requisite departmental test subject to their fulfilling criteria of suitability based on seniority-cum-fitness. It is thus clear that the petitioner fulfills the eligibility conditions for being considered for promotion/adjustment to the post of Clerk as envisaged in the aforesaid Rules. In view of the facts mentioned above, we allow this writ petition and set aside the order dated 2.3.2007 (Annexure P-3) and direct the respondents / competent authority to consider and promote the petitioner to the post of Clerk w.e.f. the date he was entitled in accordance with the aforesaid Rules, with all consequential benefits, if any. Needful be done within a period of two months from the date of receipt of a certified copy of this order. (Jasbir Singh) Judge 14.1.2008 (Jaswant Singh) mk Judge