Civil Writ Petition No.10533 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10533 of 2010 Date of Decision: August 12, 2011 Mani Ram & others ...Petitioners Versus State of Haryana & others ...Respondents CORAM: HON'BLE MR.JUSTICE RANJIT SINGH Present: Mr. H.P. Verma, Advocate, for the petitioners. Mr. Sunil Nehra, Sr.DAG, Haryana, for the State. ***** RANJIT SINGH, J. The respondent-Government had formulated a policy regulating the promotion of Class IV employees to the post of Clerk on 30.3.1973. An employee with matriculation as qualification along with two years experience was made eligible for promotion to the post of Clerk. The petitioner along with some other persons was promoted as a Clerk. While granting promotion, a condition was imposed requiring to have passed the type test in Hindi with 25 w.p.m. and in English at a speed of 30 w.p.m. This was to be passed within one year from the date of promotion. The result of not passing the examination was that the promotees were not allowed annual increment until they pass such a test. Reference is made to some of the precedents, where employees without knowledge of typing, have Civil Writ Petition No.10533 of 2010 -2- been promoted as Clerk and the condition of passing the typing test has been exempted. Reference is also made to the orders passed by Social Justice and Empowerment Department granting annual increment to 24 Clerks by removing this condition of passing the type test. Petitioner No.4 submitted a representation for grant of Annual increment in the light of some judgments passed by this Court. The counsel also makes reference to the communication (Annexure P-7) issued by the Chief Secretary, granting exemption from passing the departmental type test for promotion to the post of Clerk. The petitioners have, accordingly, approached this Court with a prayer that their case be considered for grant of annual increment w.e.f. they are entitled to and for withdrawing the condition of passing the type test. The State has filed reply and has opposed the prayer made in the writ petition. As per the State, passing of the Hindi type test at a speed of 25 w.p.m. and English type test with speed of 30 w.p.m. as per the Government instructions issued from time to time is a mandatory one. Reference is made to a decision in C.W.P. No.5763 of 2008 (Nand Ram Vs. State of Haryana & others), where the petitioners therein had also sought directions to release their annual increments without passing the type test. As per the reply, this Court did not find any fault with the condition so imposed in appointment letter and hence, dismissed the writ petition. The petitioners have made reference to law laid down by this Court, whereas the respondents have also relied upon the same decision passed by this Court. In addition, the petitioners have also Civil Writ Petition No.10533 of 2010 -3- made reference to a letter (Annexure P-7) issued by the Chief Secretary. In this view of the matter, it would be appropriate to remit the matter back to the respondents to consider the same in the light of law as well as the instructions and pass any appropriate order in accordance with law. The writ petition is, accordingly, disposed of. August 12, 2011 ( RANJIT SINGH ) monika JUDGE