IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 13556 of 2009 Date of Decision: 2.3.2010. Satish Chander --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.K. Malik, Sr. Advocate with Mr. Surya Pratap Singh, Advocate for the petitioner. Mr. R.K.S. Brar, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) Respondents no.3 & 4 are absent despite service. They are accordingly set ex-parte. Heard learned counsel for the parties. The petitioner was appointed as clerk on the basis of the recommendations made by Haryana Services Selection Board vide order dated 26.4.1990 (Annexure P-1). The petitioner was initially appointed in District Bhiwani but later transferred to Rohtak. His seniority was determined in district Rohtak w.e.f. 7.9.1990. The petitioner is shown at Sr. No. 67 of the seniority list of the Clerks/Steno-typists of Rohtak Division as it stood on 26.6.2009, whereas the private respondents no.3 and 4 are at Sr. Nos. 69 and 71 respectively. The aforesaid seniority list clearly establishes that the petitioner is senior to the private respondents. The respondent-State made promotions from the posts of Clerks to the posts of Assistants. The private respondents were promoted vide orders dated 21.8.2009 & 25.8.2009 (Annexures P-5 & P-6). The petitioner has accordingly filed this petition seeking his promotion to the post of Assistant from the date his CWP. No. 13556 of 2009 -2- juniors i.e respondents no.3 & 4 have been promoted. The State-respondent in its reply has justified non-promotion of the petitioner on the ground that the petitioner was not eligible for appointment as Clerk as he did not have the requisite knowledge of type- writing in Hindi or English as per recruitment rules of 1998. It is further stated that the passing of type test is one of the requisite qualification for the post of Clerk. It is further admitted in para 6 of the reply that the private respondents, who are junior to the petitioner were promoted as they fulfill all the conditions including the passing of the departmental type test and since the petitioner did not fulfill the requisite condition, he could not be promoted as Assistant. In so far the passing of the type test at the time of appointment of Clerk is concerned, the petitioner was selected by the Haryana Subordinate Services Selection Board. Either he must have passed the type test at the time of his selection as Clerk or even if, he has not passed it at this belated stage, he cannot be denied promotion. In so far the question of passing of type test for the post of Assistant is concerned, the promotion is regulated by the statutory rules namely the Haryana Revenue Department District Subordinate (Group-C) Service Rules, 1988, wherein following qualifications are prescribed for promotion to the post of Assistant:- “ In case of Assistant: By promotion from amongst Clerks/Steno typist working in the Commissioner's/Deputy Commissioner's office of a Division. The qualification prescribed for the post of Assistant under Appendix-B is as under:- Assistant: Three years experience as Clerk/Steno typist in the Commissioner's/Deputy Commissioner's office of a Division.” CWP. No. 13556 of 2009 -3- It is contended on behalf of the petitioner that since the statutory rules did not prescribe passing of any type test, the non- passing of type test cannot be a ground of denying promotion to the petitioner. Petitioner has also relied upon a Govt. order dated 15.5.2001 (Annexure P- 8) whereby Satpal and Birbal Dass, Clerks were promoted to the post of Assistants even without passing the type test. In the aforesaid order, it is specifically recorded that the passing of type test is not a pre-requisite for promotion as Assistant. The petitioners have also relied upon a judgement of this court dated 29.8.1997 passed in CWP No. 3957 of 1997 by a Division Bench of this Court. In the aforesaid judgement a similar issue came to be decided. It has been held by the Division Bench that the statutory rules did not provide for passing of the type test and denial of promotion on account of non-passing of type test is impermissible. In view of the above circumstances, this petition is allowed. Respondent no.2 is directed to consider the petitioner for promotion to the post of Assistant with effect from the date respondents no.3 and 4 were promoted and if, the petitioner does not suffer any disqualification, he may be promoted from the said date with all consequential benefits except the financial benefits which shall be only notional benefit of increments and pay revision for purposes of pay fixation etc. Let the entire process be completed within a period of two months from the date certified copy of this order is served upon the said respondent. (PERMOD KOHLI) JUDGE 2.3.2010. lucky