Punjab-Haryana High Court
Basirdeen vs State Of Haryana Etc on 4 April, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:045434
2024:PHHC:045434
RSA-1706-1994
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216
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA-1706-1994
Date of decision:-04.04.2024
Basirdeen
...Appellant
Versus
State of Haryana and another
...Respondents
CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL
Present : Mr.Anmol Dutt Sharma, Advocate
for the appellant.
Mr.Sharad Aggarwal, DAG, Haryana.
****
SUVIR SEHGAL, J.(ORAL)
1. Mr.Anmol Dutt Sharma, Advocate has put in appearance on
behalf of appellant and has filed his vakalatnama, which is taken on
record.
2. The plaintiff/appellant is in second appeal before this Court
assailing the judgment and decree passed by the First Appellate Court
on 04.06.1993.
3. Brief facts, may be noticed. Plaintiff/appellant was
appointed as a Helper/Blacksmith with the Haryana Roadways on
07.01.1983 and was confirmed on the post. Claiming that some of his
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junior colleagues have been promoted, ignoring him, he filed a suit for
declaration to the effect that he is entitled for promotion as Assistant
Blacksmith w.e.f. 19.01.1987 along with consequential relief of
mandatory injunction. Upon notice, suit was contested by the
defendants/respondents by filing a written statement wherein various
preliminary submissions were taken and on merits, a stand was taken
that the plaintiff/appellant does not possess the minimum qualification
for promotion. Plaintiff re-asserted his claim by filing replication. After
issues were framed, trial Court by judgment and decree dated
20.12.1991 decreed the suit, but the findings were reversed in appeal
filed by the defendants. This has resulted in the institution of the present
second appeal at the hands of the plaintiff/appellant.
4. I have heard the counsel for the parties and considered their
respective submissions as well as examined the record with their able
assistance.
5. Instructions dated 21.05.1984, Ex.D1, which provide for
promotion of Helpers were circulated by the defendants/respondents,
which are necessary to be examined in order to determine the
controversy. Their relevant extract is as under:
"Sub: Promotion of helpers to higher posts.
Please refer to decision taken in Commercial Officers
meeting held on 18.04.1984 at Karnal regarding item No.12(ii) on the
above subject.
2. A committee was constituted by the department to examine
the issue of promotion of helpers to the semi-skilled post on their
respective trades. The Committee submitted its report on the subject and
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made the following recommendations:-
"The promotion of helpers to the post of Assistant Fitter, Asstt.
Carpenter, Asstt. Electrician etc. should be made on the basis of
tradewise seniority and not on the basis of joint seniority.
Provided they passes the requisite qualification i.e. Middle pass
and 2 years experience in the respective trade and option of other
helpers be obtained for promotion to the post of Asstt. in the
respective trade provided he qualifies the said qualification and
experience in the trade on which promotion case would be
considered."
The recommendations of the committee have been
accepted and it has been decided that in future all the promotion
cases of helpers be decided on the basis of the recommendations
made by the committee.
Please acknowledge its receipt."
6. A perusal of the above reproduced instructions show that
they provide for a minimum qualification of Middle along with two
years experience for promotion of Helpers to higher posts. During his
examination, the plaintiff has conceded that he is illiterate and does not
possess the requisite qualification. Plaintiff/appellant is, therefore, not
eligible for promotion and his claim, has rightly been ignored. Reliance
placed by the appellant upon order Mark B to contend that a junior,
Sadhu Ram son of Mangli Ram, has been promoted although he does
not possess the requisite qualification is of no aid to him. This
unexhibited order shows that the qualification of Sadhu Ram has not
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been mentioned. No evidence has been led by the appellant to show that
Sadhu Ram did not possess the requisite qualification.
7. In view of the above discussion, this Court is of the
considered view that the finding recorded by the First Appellate Court
does not call for any interference.
8. Finding no merit in the appeal, it is hereby dismissed with
no orders as to costs.
(SUVIR SEHGAL)
04.04.2024 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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