- (1.) The petitioners herein serving as Clerks in the department of Horticulture, State of Haryana, are aggrieved of the order dated 28.12.2015 (Annexure P-5) in terms of which their claim for release of annual increments by giving them relaxation from passing the type test, has been declined.
(2.) Brief facts that would require notice are that petitioner No.1 joined as Beldar in the year 1981 on adhoc basis and his services were regularized w.e.f 17.01.1982. Petitioner No.2 joined the respondent department in the year 1981 on the post of Mali on adhoc basis and he was granted the benefit of regularization w.e.f 03.03.1982. On 05.06.2014, a letter was circulated by the Director General, Horticulture, Haryana, on the subject of promotion of Class-IV employees to the post of Clerk. Both the petitioners applied for promotion and were promoted to the post of Clerk vide order dated 29.08.2014 (Annexure P-3).
(3.) Learned counsel would vehemently argue that even though the condition for qualifying the test had been imposed in the promotion order itself, yet they are entitled to the grant of annual increments as at this advance stage of 52/54 years of age, it would be difficult for them to now pass the type test and that too, at the requisite speed. It has also been argued that in certain other departments, including the department of Education, similarly situated Class-IV employees who were promoted to the posts of Clerk have been granted benefit of relaxation and as such, without even qualifying the type test have been released annual increments. Yet another submission raised is that instructions have been issued by the Chief Secretary, State of Haryana dated 02.11.2006 containing the decision that benefit of annual increments be given to Class-IV employees who have been promoted to the post of Clerk and who may not have passed the type test but on the condition that they have knowledge of type writing.;