CWP No. 13439 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 22.01.2010 Surinder Kumar Saini ...Petitioner VERSUS State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.RD Gupta, Advocate for the petitioner Mr.RS Kundu, Addl.A.G., Haryana Permod Kohli, J. (Oral) The petitioner initially joined the service on the post of Clerk on the recommendation of the Subordinate Service Selection Board, Haryana, Chandigarh on 24.10.1980. He was ordered to be promoted as Steno-typist on the basis of departmental test held on 21.1.1985, vide order dated 22.2.85 (Annexure P-2). The petitioner claims that he is working as Junior Scale Stenographer since 1985 on his promotion from the post of Steno- typist. It is, however, admitted position that the petitioner is in the scale of Steno-typist i.e. Rs.400-660+ special allowance. The petitioner is claiming higher pay scale of Junior Scale Stenographer i.e. Rs.480-760 with effect from the date of his promotion. It is admitted case of the parties that the CWP No. 13439 of 1993 2 promotion to the post of Junior Scale Stenographer in the Department of Town and Country Planning, Haryana, is governed and regulated by the statutory rules, namely, Haryana Town and Country Planning Department Ministerial (Group C) Service Rules, 1983. Under the aforesaid Rules, following qualification for the promotion to the post of Junior Scale Stenographer is prescribed:- For Direct Recruitment Other than Direct Recruitment By Promotion XXX XXX XXX One year experience as Steno-typist and also passed the departmental test in shorthand and typewriting as prescribed for direct recruitment. The aforesaid Rules prescribe the qualifications to the post of Junior Scale Stenographer by promotion, as for the direct recruitment. For direct recruitment, the qualifications prescribed are as follows:- For Direct Recruitment i)Matric or Higher Secondary or Equivalent examination of a recognised university; ii)Knowledge of Hindi upto Matric standard; ii)Hindi shorthand at the speed of 80 words per minute and transcription there of at 15 words per minute, with 8% mistakes and English Shorthand at the speed of 100 words per minute and transcription thereof at 20 words per minute with 8% mistakes.” It is admitted case of the petitioner that the petitioner has the qualification of Stenography only in Hindi. He does not possess the qualification of shorthand in English. For promotion to the post of Junior Scale Stenographer, the knowledge of shorthand in Hindi as well as in English with the requisite speed prescribed under the aforesaid Rules is essential. Learned counsel for the petitioner has relied upon the Government CWP No. 13439 of 1993 3 instructions issued from time to time. Copies thereof have been placed on record as Annexures P-5, P-6 and P-7. Instructions (Annexure P-5) have been issued in the year 1976. Based upon the aforesaid instructions, it is contended that the statutory rules of the department being contrary to the Government instructions, should not be applied and the petitioner be considered to be duly qualified under the government instructions. In the aforesaid government instructions, the qualifications prescribed are Shorthand in Hindi at the speed of 80 words per minute and transcription thereof at the speed of 15 words per minute or English shorthand at the speed of 100 words per minute and transcription thereof at the speed of 20 words per minute. Based upon the aforesaid instructions, it is contended on behalf of the petitioner that the petitioner is duly qualified for the post of Junior Scale Stenographer and be granted the pay scale of the Junior Scale Stenographer. It is, however, apparent that these instructions are contrary to the statutory rules. I have heard learned counsel for the parties. The petitioner is not entitled to the relief claimed for two reasons- (1) that the petitioner does not possess the requisite qualification as prescribed under the aforesaid Rules. It is settled proposition that Government instructions cannot over-ride the statutory rules; and (2) that the petitioner was never promoted as Junior Scale Stenographer, though he was adjusted against the post at Chandigarh at his request to take care of his ailing mother who was under treatment at Chandigarh. The petitioner was only adjusted against the post and was never appointed as Junior Scale Stenographer. Thus he cannot claim the benefits of the pay scale of Junior Scale Stenographer. CWP No. 13439 of 1993 4 In view of the above, I find no merit in this writ petition which is accordingly dismissed. (PERMOD KOHLI) JUDGE 22.01.2010 MFK