IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

214 Date of decision: 09.07.2025 PAWAN KUMAR ......Petitioner VERSUS STATE OF HARYANA AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Mr. Ankur Goyat, Advocate for the petitioner.

Mr. Rahul Dev, Addl. A.G. Haryana.

Mr. Sandeep Thakan, Advocate for respondents No.6 and 7.

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VINOD S. BHARDWAJ, J. (Oral)

Challenge in the present writ petition is to the order dated

08.02.2018 whereby petitioner claims that his juniors had been promoted to the post of Telephone Attendant ignoring his claim.

2. Learned Counsel appearing on behalf of the petitioner contends that notwithstanding the statutory qualification prescribed under the Haryana Irrigation Department, Circle Cadre, Workmen Establishment Group C Service Rules, 2011 prescribing only a basic knowledge of computer, for promotion from amongst Beldar, the respondents have ignored the claim of the petitioner to favour the junior for promotion to the post of Telephone Attendant by seeking a certification course. He vehemently contends that the respondent-authorities, at the time of consideration for promotion held the petitioner ineligible for want of academic qualification Certificate of Computer as a proof to determine whether the petitioner possess basic knowledge of computer or not. The requirement of possessing a Certificate course of Computer Applications has been separately prescribed by the respondents against different posts as per Appendix ‘B’ for appointment by way of a direct recruitment or appointment by way of transfer/deputation. However, the requirement of a 06 months Certificate of Computer Application has been deleted where the posts were required to be filled up by way of a promotion. By insisting upon a requirement of submitting an academic certificate of having completed a course in computer applications, a requirement beyond the rules has been prescribed to dislodge the claim of the petitioner which is beyond the rules and amounts to an unlawful deprivation of the petitioner of his right of consideration.

3. Counsel further contends that as per the service rules, the post of “Telephone Attendant” could be filled up by way of promotion from amongst Beldar possessing five years experience and basic knowledge of computer but at no point in time, during the promotion proceedings, any test for assessment of the basic knowledge of computer of the petitioner was conducted. Instead, the respondents conveyed that the petitioner ought to possess a certificate of having successfully completed a course in Computer Applications before he can be accepted to have basic knowledge of computers and it was in the said circumstances that the petitioner also underwent a regular training programme conducted by BPPS in Advance Certificate in Computer Applications under the National Vocational Training Programme run by the Department of Higher Education, Government of India in association with All India Information Technology.

4. Counsel for the respondent-State as well as the private respondent contend that the petitioner had submitted an application for being granted an opportunity to submit a certificate of having completed a course of computer applications, hence, it remains undisputed that the petitioner did not possess any educational qualification on the basis whereof his knowledge of computers could be assessed. Thus, he did not fulfill the basic requirement prescribed under the rules for being promoted to the post of Telephone Attendant and was thus rightfully ignored.

5. No other argument has been raised by the Counsel for the parties.

6. I have heard learned Counsel appearing on behalf of the respective parties and have gone through the documents appended alongwith the present writ petition.

7. For adjudication of the present controversy, it would be apposite to make a reference to the Schedule ‘B’ appended to the Haryana Irrigation Department, Circle Cadre, Workmen Establishment Group C