CWP Nos.3639, 6050 & 11783/1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 25.11.2008 1. CWP NO.3639 OF 1988 Ram Kishan ..Petitioner Versus The State of Punjab and another ..Respondents 2. CWP NO.6050 OF 1988 Jagdish Ram ..Petitioner Versus The State of Punjab and another ..Respondents 3 CWP NO.11783 OF 1988 Amar Nath Sharma ..Petitioner Versus The State of Punjab and another ..Respondents CORUM HON’BLE MR.JUSTICE PERMOD KOHLI Present: None for the petitioner(s) Mr.SS Sahu, AAG, Punjab for respondents PERMOD KOHLI,J. (ORAL) This order will dispose of CWP Nos.3639, 6050 and 11783 of 1988 as common questions of law and facts are involved in all these writ petitions. The short question involved in all these writ petitions is whether CWP Nos.3639, 6050 & 11783/1988 2 the petitioners are entitled to seek exemption of the departmental examination provided under the Rules for promotion to the post of Assistant. Petitioner in CWP No.3639/1988 was appointed as Patwari w.e.f. 21.9.1953 and promoted as a Clerk w.e.f. 15.4.1955. He had more than 34 years of service at the time of filing of the writ petition. Petitioner in CWP No.6050/1988 was appointed as Patwari/Clerk in the year 1955 and had put in more than 28 years of service at the time of filing of the writ petition. Petitioner in CWP No.11783/1988 was appointed as Patwari w.e.f. 1.7.1951 and was promoted as a Clerk w.e.f. 6.2.1956. He had put in more than 37 years of service at the time of filing of the writ petition. In the year 1984, the State Government framed the Punjab State Assistant Grade Examination Rules, 1984 vide Gazette Notification dated 22.4.1984 providing for passing of the Assistant Grade Examination for promotion from the post of Clerk to the post of Assistant. However, one of the provisions of the Rules provides for exemption of passing of such examination for persons who are holding the post of Assistant or higher post on provisional basis at the time of commencement of rules and who are more than 50 years of age. Based upon the aforesaid Rules, it has been stated in the writ petitions that the petitioners may also be granted exemption. I have considered the averments made in the writ petitions and also gone through the rules quoted in the writ petitions and heard Mr. Sahu, learned counsel appearing on behalf of the respondents-State. CWP Nos.3639, 6050 & 11783/1988 3 Passing of the departmental examination was made mandatory vide the aforesaid Rules. The exemption was only in respect of such persons who had already been promoted or holding the post of Assistant or higher post on the date of commencement of the Rules and in respect of those persons who are more than 50 years of age. However, this exemption cannot be extended to the case of the petitioners for seeking promotion to the higher post, without passing departmental examination. There is no violation of any statutory or other right of the petitioner. In any case, the petitioners must have retired from service by now. These petitions are otherwise rendered infructuous. Dismissed. A copy of this order be placed on record on each concerned file. (PERMOD KOHLI) JUDGE 25.11.2008 MFK