M.M. Kumar, J. - (1.) The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 03.09.2009 rendered by the learned Single Judge dismissing the writ petition filed by the appellant whereby he has challenged order dated 12.11.1993 (P-6) promoting three clerks, namely, Sushma Rani, Balbir Singh and Sorab Khan on higher post of Accountant-cum-Clerk in the office of District Welfare Officer.
(2.) The controversy hinges upon the statutory rule known as Haryana Welfare of Scheduled Castes and Backward Classes Department (Group 'C') Service Rules, 1985 (for brevity 'the Rules'). For promotion to the post of Accountant General-cum Clerk, 75% quota has been allocated to the Clerks, Steno Typists and Assistant Librarians and rest of 25 % posts are to be filled by way of direct recruitment. There is no percentage allocated to the cadre made eligible for promotion, namely, Clerks, Steno Typists and Assistant Librarians. In cloumn 4 o Appendix B different experience of Clerks, Steno Typists and Assistant Librarians has been provided. A clerk requires three years' experience. Steno Typists is to have two years' experience for the post of Clerk. The qualification laid down under Cloumn 4, Serial No. 20, is matric standard with five years' experience as Group 'C' or Group 'D' employees or combined experience has been prescribed. For the post of Steno Typists, one year's experience as Clerk having knowledge of Hindi or English Shorthand speed of 64 words per minute/ 80 words per minute has been provided respectively and transcription at a Speed of 15 words per minute have been provided. Sub Rule (3) of Rule 9 of the Rules which deals with the controversy in hand needs to be read and the same are as under: "Rule 9 (1) xx xx xx (2) Appointment to any post by promotion shall be made on the basis of merit with due regard to seniority, and seniority alone shall not give the right to promotion. (3) Appointment to any post by promotion shall be made on the basis of inter se seniority where a promotion is to be made from different categories of posts and inter se seniority of members of such different categories of posts shall be determined by the length of continuous service of any post in the service."
(3.) It is evident from the aforesaid Rules that appointment to the post of Accountant-cum-Clerk is to be made from amongst Clerks or Steno Typist. For considering their cases, inter se seniority amongst Clerks and Steno Typist has to be drawn up from the date of their continuous appointment in the rank of Clerks or Steno Typists as the case may be. Their cases for promotion thereafter have to be considered on the basis of criteria provided under Sub Rule (2) Rule 9 of the Rules.;