- (1.) Learned counsel for the parties have been heard at length.
(2.) All the petitioners, who were holding Class IV posts in the respondent-Education/Department, had filed the present petition claiming promotion to Class III post. The State Government issued a circular dated 24.8.1983 on the subject of scrutiny of avenues of promotions for Class IV employees. In terms of such circular, a provision was made for filling up 10% of Class III posts by promotion from amongst Class IV employees who possess a minimum educational qualification of Matriculation (with Punjabi) and have a minimum of five years' experience as such. Still further, the circular of the year 1983 envisaged a provision for a qualifying test in Punjabi typewriting and it was made a pre-condition to pass such test before a Class IV employee is considered eligible for promotion. The aforementioned circular was amended in terms of issuance of a subsequent government circular dated 27.10.1998 whereby the quota for promotion was increased from 10% to 15%, but the condition of qualifying the Punjabi typewriting test was retained.
(3.) Reliance has been placed upon the provisions of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 (hereinafter to be referred as 'the 1994 Rules') to contend that the requirement of qualifying the typewriting test in Punjabi with a minimum speed of 30 w.p.m. was for direct recruitment to the Class III post and there was no such requirement as regards promotion from Class IV to Class III post. The contention raised on behalf of the petitioners is to the effect that in terms of the Government circular issued on 24.8.1983 and subsequent circular dated 27.10.1998, a condition as regards qualifying the Punjabi typewriting test, which was alien to the 1994 Rules was being imposed upon the petitioners. That apart, reliance was placed by the petitioners upon a judgment rendered by this Court in Jagdish Kaur v. State of Punjab and others (CWP No.11758 of 2003) decided on 22.2.2004. It was contended that in Jagdish Kaur's case , the action of the respondentauthorities in requiring members of Class IV service to qualify the Punjabi typewriting test as a pre-condition for promotion to the post of Clerk had been held to be illegal.;