IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.17735 of 2007(O&M) Date of Decision: 15.1.2008 Rajesh Kumar Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Shri Suryakant Gautam, Advocate for the petitioner Jasbir Singh, J. (Oral) C.M. No.538 of 2008 Application allowed, documents are taken on record. CWP No.17735 of 2007 By filing this writ petition, the petitioner prays that order (Annexure P/8) dated 3.10.2006 be quashed. Record reveals that vide order, referred above, request of the petitioner, to promote him to the post of Laboratory Assistant, was rejected on the ground that he does not possess the necessary qualification. Counsel for the petitioner, by making reference to the Haryana State Secondary Education Field Offices (Group D) Service Rules 1998, states that the finding given to that extent is wrong. For the post of the Laboratory Assistant, it is only needed that the candidate must be capable of reading and writing Hindi. On perusal of rule, we feel that Civil Writ Petition No.17735 of 2007(O&M) contention raised is perfectly justified. However, counsel for the petitioner has failed to show us any rule on the basis of which Waterman-cum-Mali can be promoted to the post of Laboratory Assistant. Post of Waterman- cum-Mali and that of the Laboratory Assistant falls in the same grade and requires same qualification for induction in service. Post of Laboratory Assistant is not a promotional post. As per rules, Laboratory Assistant can be appointed either by way of direct recruitment or on transfer. Merely because, some persons junior to the petitioner have been transferred to the post of Laboratory Assistant, the petitioner does not acquire any right to say that he be also sent on deputation by way of transfer. No case is made out for interference. Dismissed. (Jasbir Singh) Judge January 15, 2008 (Jaswant Singh) gk Judge 2