S.S.NIJJAR, J. - (1.) THIS order will dispose of CWP Nos. 7586 of 1999, 12640 of 1999, 4350 of 2000 and 2606 of 2002.
(2.) THE petitioners claim their promotion for Class III from Class IV Posts which they have been holding for many years The State of Punjab has issued instructions reserving 10 per cent of the posts in Class III to be filled by promotion from Class IV. In Paragraph No. 7 of the writ petition, the petitioners have given details of a number of persons who have been promoted to Class III posts without considering the claim of the petitioners who are undoubtedly senior to the persons promoted. In the written statement filed by the respondent -state, it is stated that under relevant rules, there is no provision for promotion of Class IV to the posts of Senior Laboratory attendant and Laboratory Restorers. However, initially 10 per cent and subsequently 15 per cent of the posts in Class III were reserved to be filled by way of promotion from Class IV employees under the instructions issued on 22 -12 -1994 and 29 -12 -1994. The eligibility of the petitioners for being promoted is not disputed. The case of the petitioners is, however, not being considered on the ground that they have not passed the type test. A perusal of the relevant instructions issued by the Government clearly shows that the employees would have to pass the type test within a period of one year of being promoted.
(3.) IN view of above, we are of the considered opinion that the petitioners were entitled to be considered for promotion on the dates when persons junior to them were promoted. Nonconsideration of the case of the petitioners would be violative of Articles 14 and 16 of the Constitution of India.;