R.S.A. No. 2901 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
R.S.A. No. 2901 of 2008
Date of Decision : 13.02.2009
Suresh Kumar
....Appellant
Versus
State of Haryana and others
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present : Mr. V.K.Jindal, Advocate
for the appellant.
.....
MAHESH GROVER, J.
The only dispute that has been raised in the present appeal is
that the appellant, who was promoted as Clerk from Class-IV post has
not been granted the annual increment. While promoting the appellant
as Clerk, the following condition was imposed :-
“The above officials appointed to the post of Clerk
will have to qualify the departmental type test in Hindi or in
English with a speed of 25/30 W.P.M. respectively within a
year after the date of their appointment. They will be allowed
annual increment only after qualifying such test.
These promotions are subject to the approval of
S.S.S.Board, Haryana.”
Concededly, the appellant had not qualified the type test as
R.S.A. No. 2901 of 2008 -2-
was required of him by virtue of the aforesaid condition.
The contention of the learned counsel for the appellant is that
he was confirmed as Clerk as well and therefore, once confirmation
has been given after the promotion, the aforesaid condition would be
deemed to have been waived and he should have been held entitled to
the annual increment.
I am afraid, such a contention cannot be accepted. A perusal
of the condition reproduced above makes it clear that it was the
increment which was dependent upon the qualifying test and not the
confirmation of the incumbent as a Clerk.
The aforesaid condition is unambiguous and in view of the
admitted position that the appellant had failed to pass the qualifying
test, he cannot have any claim of increment.
Accordingly, the appeal is totally devoid of any merit and is
dismissed.
13.2.2009 (MAHESH GROVER)
JUDGE
dss