Permod Kohli, J.

1. Keeping, in view the controversy involved and with the consent of the counsel for the parties, this petition is disposed of at motion stage.

2. The petitioners were initially engaged as Class IV employees in the year 1973. The next promotion of Class IV employees is to the post of Clerk. The Haryana Government issued instructions vide memo dated 30.3.1973 for laying down the criteria for making promotion to the post of Clerk for Class IV employees. The criteria laid down for such promotion is as under :-

"1. He should be matric;

2. He has worked at least two years on a Class IV post;

3. This promotion can be made by the department for six months. If the work of the employee remains satisfactory then his name can be recommended from the Board for regular appointment. But after regular appointment, he should be kept on probation for a period of one year. If his work remains satisfactory during probation period, then his services can be regularized in case regular post is available. If his work is not found satisfactory during probation period, then he should be reverted to his class;

4. There is no compulsion of such employees to pass the examination taken