IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 6286 of 2009 DATE OF DECISION : 27.04.2009 Nawal Singh and others .... PETITIONERS Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Arun Yadav, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. The four petitioners have jointly filed the instant petition under Article 226 of the Constitution of India for quashing clause 2 of of their promotion orders dated 4.12.2000 (Annexure P-2) and 13.9.2007 (Annexure P-3), whereby they were directed to qualify the departmental type test in Hindi/English at the speed of 25/30 words per minute respectively, within a period of one year from the date of promotion, failing which, the annual increment will not be allowed to them. Initially, all the four petitioners were appointed in the office of the respondents as Peons. Subsequently, as per the service rules, they were promoted to the post of Clerk against the promotional quota posts. While promoting them vide two separate orders, a condition was imposed CWP No. 6286 of 2009 -2- requiring them to qualify the departmental type test in Hindi/English at the speed of 25/30 words per minute respectively within a period of one month from the date of promotion, failing which it was ordered that the annual increment will not allowed to them. It was further ordered that as and when they qualify the type test, they shall be allowed increment due to them but no arrears shall be given to them. Though in the petition, the petitioners have not disclosed the Service Rules of the department, but during the course of hearing, learned counsel for the petitioners has conceded that as per the Service Rules of the respondent department, for promotion of a Class IV employee to the post of Clerk, it is mandatory to qualify the type test at the requisite speed. In view of this Rule, while promoting the petitioners from the post of Peon to the post of Clerk, the aforesaid condition was imposed. In support of his contention, learned counsel for the petitioners has relied upon the instructions dated 30.3.1973 regarding giving promotion as Clerks to Class IV employees. In my opinion, these instructions have no relevancy, when the Service Rules have been framed by the respondent department, according to which, while promoting a Class IV employee to the post of Clerk, it is mandatory to qualify the type test at the requisite speed. Thus, I do not find any illegality in the aforesaid clause 2, which was imposed upon the petitioners, while promoting them to the post of Clerk. Dismissed. April 27, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE