CWP No. 4778 of 1994 1 In the High Court of Punjab and Haryana at Chandigarh CWP No. 4778 of 1994 Date of decision: 12.7.2011 Suresh Kumar ......Petitioner Versus Notified Area Committee, SAS Nagar, Mohali and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Pritam Saini, Advocate, for the petitioner. Mr.R.S.Rawat, AAG, Punjab for respondent No.2. None for the respondents No. 1 and 3. **** SABINA, J. The petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of Mandamus directing the respondents to appoint him on the post of Tractor Driver in the office of respondent No.1. CWP No. 4778 of 1994 2 Case of the petitioner, as stated in the petition, in brief, is that he was appointed as Safai Sewak by the Estate Officer, Urban Estates, Punjab, Chandigarh in the year 1976. In the year 1984, the cleanliness work was allotted to the Notified Area Committee and the petitioner along with other employees was transferred to the said committee. Although the petitioner joined as Safai Sewak but was performing the duties of Tractor Driver since the year 1984. The petitioner had made a representation that he be promoted to the post of Tractor Driver. Respondent No.1 passed a resolution on 24.6.1983 to the effect that the petitioner be promoted to the post of Tractor Driver. However, the petitioner had not been promoted as a Tractor Driver. Hence, the present writ petition. Respondent No.1, in its written statement, averred that the petitioner could not be promoted as a Tractor Driver as he was not qualified for the said post. The basic qualification for appointment to the post of Tractor Driver was Middle pass and the candidate must have a valid driving lincence. The petitioner did not have the said requisite qualifications. Respondent No.3, in his written statement, averred that he had been promoted as a Tractor Driver as he was having the requisite qualifications. He was a matriculate with 2nd Division and had a valid driving lincence authorising him to drive a tractor. After hearing learned counsel for the petitioner, I am of the opinion that the instant petition is devoid of any merit and deserves to be dismissed. Admittedly, a candidate is required to be Middle pass for appointment to the post of Tractor Driver and the petitioner is not CWP No. 4778 of 1994 3 having the said requisite qualification. Since the petitioner is not Middle pass, he cannot be appointed to the post of Tractor Driver and hence, the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. (SABINA) JUDGE July 12, 2011 anita