IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 972 of 2011 (O&M) Date of Decision: May 30, 2011 Kulwant Singh ...Appellant Versus State of Haryana and another ...Respondents CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE . JUSTICE . JUSTICE . JUSTICE GUR GUR GUR GURDEV SINGH DEV SINGH DEV SINGH DEV SINGH Present: Mr. Sourabh Goel, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. 1. The instant appeal is directed against judgment dated 28.4.2011 rendered by the learned Single Judge holding that the appellant was rightly retired on the completion of 55 years of age as he failed to pass the type test on the footing that he would not be able to contribute anything to the service while working on the post of Clerk. 2. It has come on record that the appellant was promoted as Clerk from the post of Peon on 8.4.2003. In the promotion order one of the condition incorporated was that he has to pass the type test in Hindi or English at the speed of 25-30 words per minute. He remained unable to pass the test despite various opportunities granted. He was not allowed to draw increments which is in accord with the terms and conditions of his promotion order. L.P.A. No. 972 of 2011 (O&M) 2 3. Having heard learned counsel we are of the considered view that once the appellant has continuously remained un- successful in passing of the type test then his professional utility as a Clerk is considerably reduced and no fault can be found if he has been compulsorily retired. After all the basic object of Rule 3.26(d) of the Punjab Civil Services Volume-I Part-I, which are applicable to the appellant, is only one i.e. to weed out the inefficient and corrupt who have lost their utility. Accordingly, we are of the view that the learned Single Judge has correctly applied the principle emanating from the judgment of Hon'ble the Supreme Court rendered in the cases of Baikuntha Nath Das Baikuntha Nath Das Baikuntha Nath Das Baikuntha Nath Das v. v. v. v. Chief District Medical Officer, Chief District Medical Officer, Chief District Medical Officer, Chief District Medical Officer, Baripada Baripada Baripada Baripada, AIR 1992 SC 1020 , AIR 1992 SC 1020 , AIR 1992 SC 1020 , AIR 1992 SC 1020. The appeal does not merit admission and the same is accordingly dismissed. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE (GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH) May May May May 30 30 30 30, 2011 , 2011 , 2011 , 2011 JUDGE JUDGE JUDGE JUDGE Pkapoor