IMPORTANT POINT
It is well-settled that in the absence of statutory rules on any subject, the relevant Government Orders would hold the field.

JUDGMENT

Aftab Alam,J.

1. These two appeals, at the instance of the State of Punjab and its officials, are directed against orders passed by the Punjab and Haryana High Court by which it knocked down the requirement of passing typing test in Punjabi at the speed of 30 words per minute (w.p.m.) as an eligibility criterion for promotion from class IV to class III posts in the State Government service.

2. Jagdish Kaur, the respondent in Civil Appeal No.2897 of 2006 was appointed as a Peon in the Government High School Vairwal, Tehsil Tarn Taran, District Amritsar, on February 21, 1978. Her appointment was made on compassionate grounds following her husband’s death in harness on January 14, 1977. At the time of her appointment, she had passed matriculation examination in 3rd division. After joining the service, she passed the Senior Secondary School Examination from the Punjab School Education Board in 2nd division in the year 1992. According to her case, after passing the plus two examination, she became eligible for promotion to a class III post and she, accordingly, moved the concerned authorities for her promotion. However, getting no favourable response from them, she approached the Punjab and Haryana High Court in CWP No.11758 of 2003 seeking appropriate reliefs.

3. Harjinder Singh, respondent No.1, in Civil Appeal No.4134 of 2006, similarly joined as a Peon in the department of technical education on April 7, 1992. He was a matriculate at that time. According to his case, another person, namely, Baldev Singh, who was junior to him in class IV, was given promotion to a class III post in supersession of his claim. He too, therefore, moved the Punjab and Haryana High Court in CWP No.729 of 2004 seeking a direction to the concerned authorities to promote him to a class III post.

4. The writ petition filed by Jagdish Kaur was allowed by order passed by a Division Bench of the High Court on February 20, 2004. Later on the writ petition of Harjinder Singh came up before another Division Bench of the court and following the order passed in the case of Jagdish Kaur that too was allowed by order dated July, 1, 2005.

5. Following the order passed by the High Court, Harjinder Singh was given promotion and is working on a class III post since then. In the case of Jagdish Kaur, however, this Court stayed the operation of the impugned order of the High Court while issuing notice on April 18, 2005. As a result she continues to work on the class IV post.

6. Before the High Court, the case of the State was that the two writ petitioners (respondents in the two appeals before this Court) could only be considered for promotion in their turn on the basis of seniority. Moreover, they were not eligible for promotion from class IV to class III posts since they had not passed the typewriting test in Punjabi with the minimum speed of 30 w.p.m. The High Court did not take any objection to denial of promotion on the basis of seniority but went on to examine the requirement of passing the typing test in Punjabi as a condition for promotion to a class III post. It came to find that the condition of qualifying in typing test in Punjabi was illegal, arbitrary and unenforceable and, consequently, held and directed as follows:-

“Accordingly, the instant petition is allowed. The action of the authorities in requiring members of Class IV service to possess Punjabi typewriting test as a pre-condition for promotion to the post of Clerk is held to be illegal. The claim of the petitioner for promotion to the post of Clerk shall now be considered by re-determining her eligibility without insisting upon the earlier pre-condition having to pass the typewriting test in Punjabi. In case the petitioner is otherwise qualified, her claim shall be considered for promotion to the post of Clerk, without any further delay. If she is found suitable, she shall be promoted to the post of Clerk, with effect from the date, persons junior to her were promoted as such. The afores