Civil Writ Petition No.17767 of 2004 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.17767 of 2004 Date of decision: September 17, 2010. Om Parkash & Ors. ...Petitioner(s) v. State of Punjab & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri J.S. Maanipur, Advocate, for the petitioner(s). Shri J.S. Puri, Additional Advocate General, Punjab for the respondents. Kanwaljit Singh Ahluwalia , J. (Oral): The present writ petition has been filed by 18 Class IV employees of the Punjab Civil Secretariat who had passed the Punjabi typewriting test, with a prayer that the order of promotion of respondents No.3 to 7 Class IV employees, (Annexure P-4) dated 14.10.2004 who were promoted as Clerks, be quashed as they had not fulfilled the requisite qualification for promotion. It is further prayed that the petitioners be considered for promotion as Clerks, if otherwise eligible, from the date respondents No.3 to 7 were so promoted. It is stated that as per the Rules, criteria for promotion from Class IV to Clerk is that the candidate should essentially be a matriculate or its equivalent with knowledge of Punjabi upto Matriculation standard and Civil Writ Petition No.17767 of 2004 -: 2 :- possessing of knowledge of Punjabi typewriting and experience to be prescribed by the Government from time to time. To test the knowledge of Punjabi typewriting, the State Government had prescribed a Punjabi typing test. Admittedly, the private respondents who were promoted as Clerk have not passed the Punjabi typewriting test. However, it cannot be said that they have not acquired the knowledge of Punjabi typewriting. Rules prescribe that passing of Punjabi typewriting test is essential. So far as the Rules are concerned, they only state incumbent who is promoted, should possess the knowledge of Punjabi typewriting at a speed of 30 words per minute. It is stated that prescription of Punjabi typewriting test has been upheld by a Division Bench of this Court in Gurdip Singh v. R.N. Attri & Ors. 2000(3) RSJ 97 and consequently in Joginder Singh v. State of Punjab & Ors. 2004(4) SCT 69. The controversy which attract the attention of this Court is in a narrow compass. Vide Annexure P-3, the Committee under the Chairmanship of Chief Secretary took a decision to relax passing of prescribed typewriting test for a period of one year. The decision of the Government, noticed in Annexure P-3, reads as under:- “In this connection it has been decided that the employees to be promoted from Class-4 to Class-3, like Clerks appointed by way of direct recruitment, relaxation will be given to pass the prescribed type test within one year.” Due to above stated relaxation, given vide Annexure P-3, the private respondents have been promoted as Clerks. Petitioners who had passed the Punjabi typewriting test assert that such relaxation was bad and was not in consonance with the power of relaxation specified in Rule 17 of Civil Writ Petition No.17767 of 2004 -: 3 :- the Punjab Civil Secretariat (State Service Class III) Rules, 1976. Rule 17 reads as under:- “17- Where the State Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules (except the educational qualifications and experience) with respect to any class or category of persons.” Shri Mannipur, Counsel appearing for the petitioners, submits that it was necessary for the State Government to record that it was necessary or expedient to do so and reasons were to be recorded in writing before relaxing any provision of the Rules. Shri J.S. Puri, Additional Advocate General, Punjab, has produced the file wherein the Chief Secretary had taken a decision to relax the rules. While taking a decision to relax the Rules, it was stipulated that in case employee fails to pass the typewriting test, he will not be granted increment after completion of period of one year on the promoted post. Chief Secretary, on 13th October, 2004, had recorded the following note:- “I have carefully considered the factual position. Representations have been received from both sides, which are aimed at quicker promotions for the respective Representationists. It needs to be kept in mind that relaxation in passing the Punjabi typing test has been given earlier and promotions effected on that basis. Besides the precedent, the relaxation seems reasonable and there is no need to review that decision. Accordingly, the same policy needs to be followed for effecting promotions as was done in the past. Civil Writ Petition No.17767 of 2004 -: 4 :- Sd/- C.S. 13.10.2004.” A perusal of the file would show that a Class IV Employees Union was constantly raising a demand that relaxation be given in passing the Punjabi typewriting test. Taking the past precedent into view, for a period of one year, a general decision was taken. This decision was not aimed at for a reason that a particular person was to be given an edge over others. Depending upon availability and for smooth working of the Office, such a relaxation can be granted to the demand raised by Class IV Employees Union. In the facts and circumstances of the case, a conscious decision was taken, holding the same to be expedient and necessary. Therefore, as prayed, promotion of respondents No.3 to 7 cannot be held to be bad, for non-passing of typewriting test. Therefore, this Court cannot come to the rescue of the petitioners while entertaining the writ petition. Hence, it is dismissed with no order as to costs. [Kanwaljit Singh Ahluwalia] September 17, 2010. Judge kadyan