Civil Writ Petition No.1353 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1353 of 1992 Date of Order: 12.09.2011 Jogi Ram ...Petitioner Versus The State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present:Mr. Jitendra Sharma, Advocate for the petitioner. Mr. D.Khanna, Additional Advocate General, Haryana for respondents no.1 and 2. RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of mandamus directing respondent nos. 1 and 2 to promote the petitioner to the post of Ziledar from the date his juniors were promoted. Counsel for the petitioner submits that the petitioner was given a stop gap promotion to the post of Ziledar in August, 1974 but was reverted to the post of Head Revenue Clerk (H.R.C.)on 05.03.1984, despite the fact that the petitioner fulfills Kumar Naresh N 2011.09.21 12:23 verify High Court Chandigarh Civil Writ Petition No.1353 of 1992 -2- the eligibility criteria for promotion to the post of Ziledar. It is further submitted that as the petitioner's juniors have been promoted, to the post of Ziledar, the respondents may be directed to promote the petitioner to the post of Ziledar from the date his juniors i.e. respondent nos.3 and 4 were promoted as such on 18.02.1991. It is further submitted that as the petitioner has rendered more than 19 years service and has the requisite experience, he should be promoted to the post of Ziledar. Counsel for the State of Haryana submits that the petitioner is working as a Head Revenue Clerk and is governed by Haryana Irrigation Department Revenue and Assessment Clerk (Group-C) Service Rules. For promotion to the post of Ziledar, a candidate is required to pass the intermediate examination. The petitioner cannot be granted promotion as he is a mere matriculate. It is further argued that respondent nos.3 and 4, who are the petitioner's juniors, were promoted in preference to the petitioner as they possessed intermediate qualification. I have heard counsel for the parties, perused the paper book and the relevant rules. The Punjab Public Works Department (Irrigation Branch) Ziledar's State Service Class-III Rules, 1955 (hereinafter referred to as the 'Rules') clearly provide that for promotion to the post of Ziledar, departmental and land revenue department candidates, must have passed the intermediate or Kumar Naresh N 2011.09.21 12:23 verify High Court Chandigarh Civil Writ Petition No.1353 of 1992 -3- some other equivalent examination. The petitioner is a matriculate and, therefore, does not possess the qualification of intermediate. In the absence of any rebuttal to the averments in the reply regarding the petitioner's lack of intermediate qualification, the petitioner, cannot be promoted to the post of Ziledar. The plea that the petitioner should be promoted as his juniors have been promoted, cannot be accepted as only such juniors have been promoted, as have passed the intermediate examination. The writ petition is dismissed with no order as to costs. September 12, 2011 (RAJIVE BHALLA) nt JUDGE Kumar Naresh N 2011.09.21 12:23 verify High Court Chandigarh