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’