Ranjit Singh Sarkaria, J. - (1.) THIS order will dispose of writ petition Nos. 23337 of 2010, 11630 and 13681 of 2011 as the common question of law and fact arises in these cases. The facts have been noticed from CWP No. 17534 of 2010.
(2.) THE Petitioner was appointed as a Clerk in the Respondent -Department on 24.4.1976. The Petitioner was promoted to the post of Assistant on 23.10.1997. The Petitioner was then promoted as Taxation Inspector on 19.4.2006. He, accordingly, joined as such in the office of Deputy Excise and Taxation Commissioner, Kaithal. At the time of filing the writ petition, Petitioner was more than 54 years old. The promotion in the department is governed by the Haryana Excise and Taxation Inspectorate (State Service Group -C) Rules, 1969 (hereinafter 'the Rules). Rule 14 of the Rules provides that member of a service has to pass the departmental examination within two years from the date of his appointment/promotion to the post of Taxation Inspector. In case, the member fails to pass the examination, the appointing authority is given power to extend the period of probation by one year. As per the proviso under the Rule 14, the Government has even power to exempt any member from passing the whole or part of the examination. Rule 14 reads as under: 14(1) A member of the Service shall within two years from the date of appointment to the service, pass the prescribed departmental examination in accordance with the Regulations specified in Appendix 'E' to these rules. If any member fails to pass the departmental examination within the prescribed period of two years, his services shall be terminated or he shall be reverted to his former appointment, if any. Provided that the appointing authority may for reasons to be recorded in writing extend the period for passing the departmental examination one year; Provided further that the Government may exempt any member of the Service from so passing he whole or any part of the departmental examination or may extend the period within which the member of the Service shall so pass the examination; (1A)(i): If a member of the Service passes the departmental examination within the prescribed period of two years, from the date of his appointment, he shall be entitled to get the third increment after the completion of three years' service. (ii) No increment shall be withhold until the period of two years prescribed for clearing the departmental examination is over. (iii) In case a member of the Service is allowed extension in the period within which the said examination is required to be passed his next increment(s) for the period subsequent to that within which the departmental examination was to be passed shall be released only from the date following the last day on which the examination is completed. The increment shall be released with retrospective effect from the date if was otherwise due but no arrears shall be paid for the past period. (iv) If a member of the service fails to pass the departmental examination or any part thereof, and is subsequently exempted by the Government or any part thereof, and is subsequently exempted by the Government or any part thereof, as the case may be his increment(s) for the period subsequent to that within which the departmental examination was to be passed, shall be released from the date he is given such exemption. The increment shall be released with retrospective effect from the date it was otherwise due but no arrears shall be paid for the past period. (v) Further increments will normally be admissible on the dates on which they would have become otherwise due. (2) The Government may as and when considered necessary, amend Appendix 'E' subject to the condition that such an amendment is notified at least two months prior to the commencement of the next departmental examination.
(3.) HAVING been promoted as Inspector, the Petitioner appeared in the examination held on December 2006, June 2007, January 2007, June 2008, December 2008 and June 2009. The Petitioner, however, could not pass all the papers due to ill health and death of his daughter and daughter -in -law. Respondent No. 2 issued a show cause notice on 7.12.2009 to the Petitioner for his reversion to the post of Assistant on account of his having failed to pass the departmental examination. The Petitioner submitted a detailed reply on 6.1.2010 and prayed for grant of exemption from passing the departmental examination. Instead, he was served another notice on 30.3.2010 for his reversion. The Petitioner appeared before Respondent No. 2 on 7.4.2010 and prayed for one more chance to make an attempt to qualify the departmental examination. Without considering the request of the Petitioner, the impugned order reverting the Petitioner was passed on 25.8.2010. The Petitioner, accordingly, has approached this Court with two fold prayer that he be either exempted from passing the departmental examination or alternatively, he be given one more chance to clear the said examination. In support, the counsel has placed reliance on the Division Bench judgment passed by this Court in the case of I.D. Kaushik v. State of Haryana and Anr. CWP No. 5644 of 2002, decided on 8.4.2002, which is annexed with the petition as Annexure P -9.;