IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 6447 of 2010 Date of Decision: 4.5.2010. Hasan Kumar and others --Petitioners Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.D. Yadav, Advocate for the petitioners. *** PERMOD KOHLI.J (ORAL) The petitioners are Class-IV employees. They are seeking promotion to the post of Clerk on the basis of their qualification. Neither the seniority position is placed on record nor the vacancy position is disclosed. The petitioners had earlier made a representation and also served a legal notice. For non-consideration of the legal notice a petition being CWP No. 3228 of 2007 was filed before this Court which came to be disposed of vide order dated 2.3.2007 asking the respondents to decide the legal notice of the petitioners. Consequent upon the aforesaid direction, the respondents have passed the impugned orders (Annexures P-9 to P-11) and rejected the claim of the petitioners primarily on the ground that only 20% of the posts of Clerks are to be filled up by promotion from Group D employees on the basis of seniority-cum-fitness and the petitioners are not in the zone of consideration. The petitioners have also not placed on record their seniority position and the availability of vacancies to enable this Court to consider and examine their case. CWP. No. 6447 of 2010 -2- In view of the above circumstances, this petition is disposed of with a direction to the respondents to consider the claim of the petitioners for promotion to the post of Clerk subject to their eligibility and as and when the vacancies are available in the promotional quota subject to their seniority etc. (PERMOD KOHLI) JUDGE 4.5.2010. lucky