CM No. 6035 of 2011 and 1 CWP No. 2252 of 1990 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CM No. 6035 of 2011 and CWP No. 2252 of 1990 Date of decision May 3, 2011 Sh. Phool Chand ....... Petitioner Versus The Haryana State Electricity Board and another ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Jatinder J.C.Nagpal, Advocate for the petitioner. **** 1. Whether reporters of local papers may be allowed to see the judgment ?No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. C.M., is allowed. 2. The order passed on 23.3.2011 dismissing the writ petition is recalled. The case is restored back to its original number. FAO No.816 of 2011 3. The writ petition challenges the order of reversion passed on 7.2.1990 (Annexure P-11) reverting the petitioner from the LDC to the post of Peon on the ground that he did not pass the type test. Learned counsel points out to the initial order of promotion as well as the proceedings of the Haryana Electricity Board setting out the qualification for the respective posts. The office order of the Electricity Board (Annexure CM No. 6035 of 2011 and 2 CWP No. 2252 of 1990 P-1) provides for a qualification for being a matriculate or a pass in higher secondary for appointment to the post as LDC. The requirement of qualification in typing is treated as additional qualification for direct recruitment. The said order also provide that matriculate peon with at least three years experience may also be promoted as LDC. The relevant clause reads as follows:- “ Lower Division Clerk a) All the appointments may be made direct out of the Ist class matriculates or Higher Secondary, or second class Intermediate or High qualification. IIIrd and Iind Class Matriculates/Hr. Secondary with 30 WPM typing speed may also be taken as LDC. b) Matriculate Peons /Bill Distributors/Ferro Khalasis with atleast 3 years service may be promoted as LDC.” 4. When the petitioner was issued with an order of promotion on 29.10.1982, it was super added with certain stipulations which states inter alia as follows:- “The above named officials may learn typing (English) and appear for type test after 4 months.” 5. Learned counsel states that the requirement of typing qualification is necessary only for a direct recruit and there is no such requirement for a promotee. Even in the order of promotion issued on 29.10.1982 it does not state that type test qualification must be passed within four months. It merely provides that the person may appear for test after four months. The attempt of the counsel was therefore to contend that neither by the terms of order of promotion nor by the relevant office orders there is any requirement for a type test to have been passed by a LDC promotee. The impugned order was clearly unjustified and I uphold the CM No. 6035 of 2011 and 3 CWP No. 2252 of 1990 contention of the appellant and the impugned orders are untenable and liable to be quashed. Even at the time when the appeal was admitted, I notice that the order of reversion had been stayed by the Court. The petitioner would therefore be entitled to all the benefits which he is entitled to in the promotional post, as though the impugned orders were not imposed at all. 6. The writ petition is allowed. (K. KANNAN) JUDGE May 3, 2011 archana