CWP No.17960 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.17960 of 2008 Date of decision: 17.10.2008 Nirbhai Singh ...Petitioner Versus Punjab School Education Board & others ...Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ashish Grover, Advocate, for the petitioner. Rajan Gupta, J. The petitioner has preferred this writ petition praying for issuance of a writ in the nature of certiorari for quashing the order dated 21st May, 2008, Annexure P-8, passed by respondent No.2 whereby claim of the petitioner for grant of deemed promotion as Junior Assistant and Senior Assistant with effect from the date, his junior i.e. respondent No.3 had been promoted, was rejected. The petitioner has averred that he was inducted into service on 3rd November, 1993 and he joined on the Class IV post of a Packer. He was thereafter promoted as clerk on temporary basis. On 20.12.1995, the petitioner was granted promotion on regular basis. In the year 2005, the petitioner was promoted as Junior Assistant on the basis of a seniority list issued on 4th November, 2003. The petitioner, however, claimed that he be CWP No.17960 of 2008 2 considered as promoted to the post of clerk w.e.f. 4th November, 1993. He has averred that this claim was accepted by respondent No.2. However, respondent No.2 issued a fresh seniority-list on 12th October, 2007 wherein the petitioner was shown at Serial No.375 in the seniority- list and respondent No.3 was shown at Serial No.393. The petitioner thereafter submitted a representation for grant of deemed date of promotion as Junior Assistant with effect from the date, his junior had been promoted. According to the petitioner, this was necessitated as respondent No.3 and other junior persons were given temporary promotion as Senior Assistant on the basis of earlier seniority i.e. prior to seniority list Annexure P-5. The representation of the petitioner has been decided vide order Annexure P-8, which has been assailed by the petitioner in the present writ petition. We have heard learned counsel for the petitioner and perused the detailed order passed by respondent No.2. A perusal of the order, Annexure P-8 shows that the petitioner was not able to clear the type test prescribed under the rules within the stipulated period. Thus, he could not be promoted to the post of Junior Assistant from the post of clerk. He was able to clear the type test only in the year 2005, whereafter he was granted promotion as Junior Assistant. Further for promotion to the post of Senior Assistant, the requirement of the rule is that an employee must have minimum experience of five years as Junior Assistant. The said rule reads thus: CWP No.17960 of 2008 3 “Senior i) By Promotion 1) Matriculation By promotion Assistant or its Equivalent from amongst examination the Junior Assistants working in the office of the Board having minimum 5 years service as such.” A perusal of the above rule shows that a Junior Assistant with minimum five years of service is eligible for promotion to the post of Senior Assistant. Admittedly, the petitioner does not have five years experience as on date for promotion to the post of Senior Assistant. The claim of the petitioner is thus misconceived. He was rightly promoted as Junior Assistant only after he cleared the type test in 2005 and he is not eligible as yet for the promotion to the post of Senior Assistant in view of the rules aforesaid. The counsel for the petitioner has not been able to point out any legal infirmity with the impugned order, Annexure P-8 dated 21st May, 2008. No other argument has been addressed. We find no merit in the writ petition. The same is thus dismissed. (RAJAN GUPTA) JUDGE (ASHUTOSH MOHUNTA) JUDGE October 17, 2008 'rajpal'