S.S. Saron, J. - (1.) Malkiat Singh and others - petitioners are working on Class 'C' posts in the respondent -Panjab University, Chandigarh (University - for short). Their writ petition seeking promotion to Class 'B' posts by way of ad hoc arrangements was dismissed by this Court vide order dated 22.5.2003. The primary grievance of the petitioners in the writ petition was that Class 'C' employees of the University had raised a demand for dispensing with the condition of passing the typewriting test (English) with a minimum speed of 30 w.p.m. as provided by Rule 3(c) of the University Non -Teaching Employees (Terms and Conditions of Service) Rules, 1971 as contained in the Panjab University Calendar Volume - II (Rules - for short). A committee had been constituted by the University to look into the demands of Class 'C' employees. In one of its meetings held on 16.9.1999 the committee proposed an amendment to the aforesaid Rule 3(c) by making an ad hoc arrangement within the quota of Class 'C' employees for consideration for promotion to Class 'B' posts on the basis of seniority provided that the incumbent was atleast a matriculate and had five years' experience in the University. This was with the rider that in case a person appointed on ad hoc basis as Clerk does not qualify the typewriting test (English) within one year from the date of his/her appointment, he/she will be reverted to his/her substantive post and the person selected would join in his/her place. Against the quota of 20% for the in -service Class 'C' posts for promotion as Clerks, the persons mentioned at Sr Nos. 1 to 18 of the seniority list dated 30.8.2001 (Annexure P2) were promoted on ad hoc basis. The petitioners in the writ petition were at Sr Nos. 19 to 22 and 25 to 29 in the said seniority list. It was claimed by the petitioners that they were also liable to be promoted on ad hoc basis in a similar manner as those who were at Sr Nos. 1 to 18 in the aforesaid seniority list had been promoted without the requirement of passing the typewriting test (English). The action of the University in holding the test without first promoting the petitioners was assailed. This Court held that the requirement of passing the typewriting test (English) with a minimum speed of 30 w.p.m. was dispensed with only as an ad hoc arrangement. However, the same continued to be there for the regular process of consideration for appointment as Clerks from amongst Class 'C' employees of the University. Insofar as those candidates who had been promoted from Sr Nos. 1 to 18 out of the seniority list dated 30.8.2001 (Annexure P2), it was stated by the learned Counsel for the University that as soon as regular appointments of Clerks are made from the 20% in -service Class 'C' quota those persons who were appointed as Clerks from the said quota by way of ad hoc arrangement and do not qualify the type test, shall be reverted to their substantive posts.
(2.) The review applicants are the persons who were promoted on ad hoc basis at Sr No. 1 to 18 of the seniority list dated 30.8.2001 (Annexure P2). It is stated that the judgment passed by this Court on 22.5.2003 is liable to be recalled to the extent the review applicants are being reverted on the basis of the statement made by the learned Counsel for the respondent -University to the effect that as soon as the regular appointments of Clerks are made from the 20% in service Class 'C' quota, these persons who were appointed as Clerks from the said quota by way of ad hoc arrangement and do not qualify the type test etc. shall be reverted to their substantive posts. The said statement it is stated has been made by the counsel for the University at the back of the applicants. Therefore, to the said extent the judgment has proceeded on the premise that those who were appointed on temporary basis under Rule 3(c) have to be reverted if they do not qualify the Typewriting/Computer Data Entry Test within one year of their promotion. On notice of the review application, a reply has been filed on behalf of the University.
(3.) Mr RD Bawa, Advocate, learned Counsel for the review applicants has submitted that Class - 'C' employees of the University could be promoted against the 20% quota provided that they qualify the Typewriting Test (English) with the minimum speed of 30 w.p.m. or Data Entry (Computer Proficiency including Word Processing) Test. However, as per the decision of the University, a temporary arrangement had been made that they can be promoted to the abovesaid posts of Clerks within their 20% quota if they have the requisite qualification of Matriculate and 5 years experience of service in the University. In terms of the said temporary arrangement, the review applicants were not required to qualify the Typewriting Test. This decision to make promotions on temporary basis against the 20% quota of in service employees without qualifying the test was taken in a meeting of the Committee dated 16.9.1999. It is submitted that though it was provided that the Class 'C' employees could be promoted to Class 'B' posts as a temporary arrangement, however, it was also provided that the persons so appointed as Clerks on temporary basis if they do not qualify the Typewriting Test (English) within one year, they would be reverted to their substantive posts. The said proposal, it is stated, was considered in a meeting held on 26.7.2000 and Clause (ii) which provided for qualifying the Typewriting Test (English) was dropped. Therefore, it is contended that the review applicants are entitled to continue on the posts of Clerks de hors the statement made by the counsel for the respondent -University.;