Punjab-Haryana High Court
Uma Kant & Ors vs State Of Haryana & Ors on 23 August, 2013
Bench: Surya Kant, Surinder Gupta
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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LPA No.1508 of 2013 (O&M)
Date of Decision: 23.08.2013
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Uma Kant & Ors. . . . . Appellants
VS.
State of Haryana & Ors. . . . . Respondents
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CORAM : HON'BLE MR.JUSTICE SURYA KANT
HON'BLE MR.JUSTICE SURINDER GUPTA
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Present: Mr. Ravinder Malik (Ravi), Advocate for the appellants
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SURYA KANT J. (ORAL)
(1). Notice of motion. Ms. Palika Monga, learned DAG Haryana accepts notice on behalf of State of Haryana. (2). This Letters Patent Appeal is directed against the order dated 19.07.2013 whereby learned Single Judge has dismissed the appellant's writ petition challenging orders dated 19.03.2013 (Annexure P5) and 12.04.2013 (Annexure P6) vide which their annual increments were not to be released until they pass the Type Test. (3). The appellants joined the Police Department, Haryana as Class-IV employees and were promoted to the posts of Clerk in due course of time subject to the condition of passing the Type Test. As the appellants did not qualify the Type Test despite sufficient opportunities the respondent-authorities turned down their claim for the grant of annual increments and appellants writ petition has also been rejected by the learned Single Judge.
Vishal V2013.08.31 11:32 I attest to the accuracy and integrity of this document LPA No.1508 of 2013 -2- (4). Two-fold contentions were raised before the learned Single Judge and have been reiterated before us. Firstly, it is argued that in some of the offices including the Office of Chief Secretary, Haryana, the condition of passing Type Test has been relaxed. Hence, the impugned action is discriminatory. Secondly, there exists express power under the Rules to grant relaxation and keeping in view the fact that they were promoted from Class-IV posts and have served the Department for a considerable long period, they are entitled to be exempted from passing the Type Test.
(5). As regards the first contention, the learned Single Judge has observed and rightly so that the appellants' allegation of discriminatory treatment is liable to be rejected as service rules or conditions of service may vary from department to department. (6). So far as the second plea is concerned, we are of the considered view that once there exists a power of relaxation under Rule 17 of the Haryana Police Clerical (State Service Class 'C') Rules, 1977, the competent authority can be asked to look into the mitigating circumstances or the hardships, if any, faced by the appellants and if it finds that anyone of them deserves such relaxation, nothing precludes the competent authority to relax the condition in exercise of the powers under Rule 17 of the Rules ibid and exempt him/them from passing the test.
(7). For the reasons afore-stated, we modify the order under appeal and dispose of the writ petition with a direction to respondent Vishal V 2013.08.31 11:32 I attest to the accuracy and integrity of this document LPA No.1508 of 2013 -3- No.2 to consider the claim of the appellants for relaxation of the condition Type Test sympathetically and if they are able to make out a case of extreme hardship or any other valid ground to pass an appropriate order in this regard.
(8). It shall be appreciated if the needful is done within a period of six months from the date of receipt of a certified copy of this order.
(9). Disposed of. Dasti.
(Surya Kant)
Judge
23.08.
.08.2013 (Surinder Gupta)
vishal shonkar
Judge
Vishal V
2013.08.31 11:32
I attest to the accuracy and
integrity of this document