CIVIL WRIT PETITION NO. 1645 OF 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: May 08, 2008 Parties Name Mahender Singh and others ..PETITIONERS VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. Gunjan Mehta, Advocate, for the petitioners. Mr. Harish Rathee, Sr. D.A.G., Haryana; JASBIR SINGH, J. (oral) Order. By filing this writ petition, petitioners have prayed that a writ of mandamus be issued directing the respondents to exempt them from passing the typing test. It is their further prayer that annual increments be released in their favour without passing the typing test. It is apparent from the records that the petitioners were working against class IV posts with the respondents. They were promoted as Clerks vide order dated May 27, 1996 (P-1). It was specifically mentioned in their promotion letter that they are supposed to pass the typing test and only then future annual increments will be granted to them. Condition No. 2 of the promotion letter reads thus: “2. They will be required to pass a test in type writing in Hindi CIVIL WRIT PETITION NO. 1645 OF 2008 -2- or English at the speed of 25/30 w.p.m. respectively. On passing the test they will be allowed increment from the date of following the day of test on which they pass without payment of arrear of increments. Their date of increment will, however, not be postponed on account of their failure to clear the test within the prescribed period.” Despite opportunities given, petitioners have failed to pass the type-writing test and accordingly increments were not granted to them. After issuance of notice of motion, Shri Rathee has put in appearance and he gave a very fair concession that in case petitioner, pass the type-writing test , necessary relief would be given to them. On February 13, 2008, we directed the respondents to arrange type-writing test for the petitioners, which in fact was arranged. Petitioners came present and gave in writing that they were not ready to undergo the typing test. Another opportunity was given to them vide order dated April 9, 2008. Thereafter, also typing test was arranged but they again appeared and refused to undergo the same. Conduct of the petitioners disentitles them to get any relief. Their promotion was made subject to a condition which they have failed to clear despite many opportunities given to them. Similar controversy came up before this Court in Satish Chander and others v. State of Haryana and another, CWP No. 11947 of 2007, decided on January 28, 2008. In that case also, similar condition was challenged by the employees, who were promoted against the posts of Clerks. Their contention was negatived by observing that as per conditions of the promotion letter, they were not entitled to the relief claimed. CIVIL WRIT PETITION NO. 1645 OF 2008 -3- Counsel for the petitioners has stated that as per rules known as Haryana Education Department Sub Office Ministerial (Group C) Service Rules, 1983, petitioners are entitled to get exemption from typing test. At this stage, this argument cannot be entertained at the instance of the petitioners. Condition to qualify the test was imposed in the year 1996. They never agitated the same and remained satisfied with the conditions of promotion letters. In view of facts, mentioned above, no case is made out for interference. Dismissed. ( Jasbir Singh ) Judge ( K. C. Puri ) May 08, 2008. Judge DKC