Jasbir Singh, J. - (1.) BY filing this writ petition, the petitioner prays that directions be issued to the respondents to promote/adjust him on the post of Clerk as per the provisions of Haryana Civil Services (Promotion of Group C and Group D Employees) Rules, 1998 (hereinafter referred to as the Rules).
(2.) IT is apparent from the record that the petitioner was adjusted against the post of Lab Attendant on 13.10.1993 in the pay -scale of Rs. 9501500/ - (subsequently revised in the pay -scale of Rs. 3050 -4590/ - w.e.f. 1.11.1996) by changing his lien from the post of Peon, to which he was originally appointed in the Education Department on 9.4.1981. The respondent -State had promulgated the aforesaid Rules providing for the promotion of Group C and Group D Employees of all the Departments of the State of Haryana to the post of Clerks. Admittedly, when the departmental rules relating to Ministerial Staff Group 'C' were amended, the post of Lab Attendant was omitted and the post of Senior Lab Attendant was created in the pay -scale of Rs. 3050 -4590/ - i.e. the scale which the petitioner was drawing as Lab Attendant, and the same was included in Class III category. It is further admitted that the pay scale of Senior Lab Attendant and Clerk is the same i.e. Rs. 3050 -4590/ -. It is also not in dispute that the petitioner had passed the departmental test conducted by SCERT, Gurgaon on 4.10.1999 and placed at serial No. 18 of the list of successful candidates, making him eligible for promotion to the post of Clerk as per the aforesaid Rules. He filed a representation as well as legal notice seeking promotion/adjustment to the post of Clerk as per rules. No action being taken thereupon, he filed C.W.P. No. 18366 of 2006, which was disposed of vide order dated 21.11.2006 with a direction to the respondents to decide his representation as well as legal notice within a period of two months. His prayer was rejected by the respondents vide order dated 2.3.2007 (Annexure P -3) in the following term: That as per the above directions of the Hon'ble High Court dated 21.11.2006 the record of the petitioners case has been examined and from perusal of the same it reveals that he was appointed as peon in the department on 09.04.1981 and later on he was promoted to the post of Lab Attendant on 13.10.1993 in the pay scale of 950 -1500 and the same was revised w.e.f. 01.01.1996 in the scale of 3050 -4590. Thereafter the rules relating to ministerial staff Group -C were amended in 1998 and the post of Lab Attendant stood omitted and the post of Senior Lab Attendant was created in the pay scale of 3050 -4590 and the same was included in Class -III Category. Hence, there is no provision to promote Senior Lab Attendant to the post of Clerk which is of the same scale. The petitioner is receiving pay scale of 3050 -4590 which the scale of the Senior Lab Attendant, hence, virtually his case is being treated in Class -III for all purpose and intents as Senior Lab Attendant. The representation of the petitioner is disposed of accordingly.
(3.) IT is how the present writ petition has been filed by the petitioner.;