AUGUSTINE GEORGE MASIH , J. - (1.) CHALLENGE in this writ petition is to the order dated 25.11.2010, Annexure P -21, passed by the Deputy Commissioner, Fatehabad (respondent No.3), vide which exemption as prayed for by the petitioner from passing the type test, after she having been promoted to the post of a Clerk, was declined, which has resulted in her reversion for having not cleared the type test, which was a condition imposed in the order of promotion.
(2.) IT is the contention of counsel for the petitioner that the petitioner was initially appointed as a Water Carrier on daily wages with the respondents in the year 1981. Her services were regularized vide order dated 17.7.1994 with effect from 01.4.1993. Petitioner alongwith others was promoted as a Clerk as per her seniority by the Deputy Commissioner, Fatehabad, vide order dated 19/20.6.2001 (Annexure P -4). In the order of promotion, it was mentioned that the promoted employee will have to pass the type test in Hindi/English within one year as per the prescribed norm and only thereafter shall be given the annual increment. Another condition was also imposed in the said order that the employee can be demoted to the post of Peon without any reason. Counsel for the petitioner contends that the petitioner has an amputated right hand and in support of this medical certificates dated 6.6.1980 and 21.8.2002, Annexures P -2 and P -6 respectively have been relied upon. According to the said certificates, the handicap is 50%. It is the contention of counsel for the petitioner that since the petitioner is having only one hand, she will not be able to pass the type test as per the requirement of the order of promotion. In these circumstances, the petitioner had submitted an application for exemption from passing the type test. The said request of the petitioner was not accepted and instead a show cause notice dated 1.9.2009, Annexure P -12, was served upon the petitioner by respondent No.3. While issuing show cause notice, it was stated that as per the instructions dated 20.1.1998, no person can be considered for promotion to the post of Clerk, who is unable to pass the type test. Reply to the show cause notice was submitted by the petitioner on 15.9.2009 (Annexure P -13).
(3.) ANOTHER application dated 4.2.2010, Annexure P -14, was submitted by the petitioner to respondent No.3 for granting exemption to her from type test. Ultimately, the claim of the petitioner for exemption from the type test stands rejected vide impugned order dated 25.11.2010, Annexure P -21 and she was reverted to the post of Water Carrier.;