R.S.A. No. 2901 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 2901 of 2008 Date of Decision : 13.02.2009 Suresh Kumar ....Appellant Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. V.K.Jindal, Advocate for the appellant. ..... MAHESH GROVER, J. The only dispute that has been raised in the present appeal is that the appellant, who was promoted as Clerk from Class-IV post has not been granted the annual increment. While promoting the appellant as Clerk, the following condition was imposed :- “The above officials appointed to the post of Clerk will have to qualify the departmental type test in Hindi or in English with a speed of 25/30 W.P.M. respectively within a year after the date of their appointment. They will be allowed annual increment only after qualifying such test. These promotions are subject to the approval of S.S.S.Board, Haryana.” Concededly, the appellant had not qualified the type test as R.S.A. No. 2901 of 2008 -2- was required of him by virtue of the aforesaid condition. The contention of the learned counsel for the appellant is that he was confirmed as Clerk as well and therefore, once confirmation has been given after the promotion, the aforesaid condition would be deemed to have been waived and he should have been held entitled to the annual increment. I am afraid, such a contention cannot be accepted. A perusal of the condition reproduced above makes it clear that it was the increment which was dependent upon the qualifying test and not the confirmation of the incumbent as a Clerk. The aforesaid condition is unambiguous and in view of the admitted position that the appellant had failed to pass the qualifying test, he cannot have any claim of increment. Accordingly, the appeal is totally devoid of any merit and is dismissed. 13.2.2009 (MAHESH GROVER) JUDGE dss