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 by the Board for appointment as Clerk.

5. If a class IV is promoted to the post of Clerk on ad hoc basis even then he should be given the pay scale of Clerk and he should also be given the increments upto period for which he will work.

6. This promotion will be on the basis of seniority-cum-fitness."

3. The petitioners were promoted as Clerk vide the order dated 2.9.2003. Apart from other conditions, one of the conditions imposed for such promotion incorporated as condition No. 3 is regarding the passing of the type test. The said condition is reproduced here under :-

"3. They will have to pass the type test either in English or Hindi at the speed of 30 w.p.m. And 25 w.p.m. respectively within one year. The annual increments will only be allowed from the date of passing the type test and no arrears will be paid for the past period."

This condition has been challenged by the petitioners in this writ petition.

4 The respondents have justified the aforesaid condition, in view of Haryana State Agricultural Marketing Board Service Rules, 1974 (hereinafter referred to as "1974 rules") wherein the criteria/qualification for promotion to the post of Clerk has been laid down which reads as under :-

"i) has passed the matriculation examination or equivalent examination of a recognized University/Education Board;

ii) Knows typewriting;

iii) Has at least one year service in the board/Government offices."

The petitioners have not been granted further increments, in view of the condition No. 3 in the promotion order. The petitioners also rely upon the government instructions issued vide Memo No. Admn. V-2006/22422-524 dated 27.3.2006 (Annexure P-4). Vide this memo, exemption was granted for promotion to the post of Auction recorders/Arrival Recorders/Store Keepers/Care Takers/Clerks.

1. It has been contended on behalf of the respondents that since the Rule specifically prescribes knowledge of typing as one of the essential condition for promotion, therefore, knowledge could only be tested by type test to be conducted by the respondents and in view of the essential qualification, condition No. 3 referred to above was incorporated in the promotion order. The controversy in the present case has been settled vide judgment dated 3.9.2001 passed in C.W.P. No. 5566 of 1999 by this court. Considering similar issues of passing of the type test, this court observed as under :-

"There is of course a condition in the promotion order Annexure P-3 that "he will have to qualify the type test in Hindi and English at the speed of 25/30 words per minute as per Haryana Government Instructions." By letter dated 2 5.2.1997 (Annexure P-4), the workman has denied increment unless and until he qualifies the departmental type test. The question, therefore, arises for our determination is