LexSTATE OF PUNJAB & ORS. versus JAGDISH KAUR
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[2011] 10 S.C.R. 728
STATE OF PUNJAB & ORS.
v.
JAGDISH KAUR
(Civil Appeal No.2897 of 2006)
AUGUST 26, 2011
[AFTAB ALAM AND R. M. LODHA, JJ.]
SERVICE LAW:
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Promotion from Class-IV to Class-I/I posts -
Requirement of typing test in Punjabi - Held: In view of
circular of Government of Punjab dated 24. 08. 1983,
requirement of the test in Punjabi typewriting at the speed of
30 w.p.m. is manifestly a criteria for promotion from 'Class-IV
0 to Class-Ill posts - The order of High Court striking down the
requirement is untenable - Since one of the employee has
been promoted and the other has the order of the High Court
in her favour, the latter should also be promoted and they
should qualify the typing test as stateJ in the order - Since
E in case of direct recruitment to a class Ill post the qualification.'#
of typing in Punjabi as a requirement has been greatly
relaxed, State Government advised to review the criteria for
promotion from class IV to class Ill posts a_nd to bring them
at par with the requirements for direct recruitment to class Ill
posts.
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In the instant appeals, the State Government
challenged the order of the High Court by which it struck
down the requirement of typing test in Punjabi as an
eligibility criterion for promotion from Class IV to Class
G Ill posts in the State Government service.
Allowing the appeals, the Court
HELD: 1.1 The High Court was in error in making the
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728
STATE OF PUNJAB & ORS. v. JAGDISH KAUR
729
Punjab Civil Services (General and Common Conditions
A
of Service) Rules, 1994 ("1994 Rules"), the basis of its
judgment. The 1994 Rules, which have been framed under
the proviso to Article 309 of the Constitution of India, are
exclusively in respe~t of the appointments, by direct
recruitment, to class I, class II and class Ill services in the
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State Government. Even r. 15 of the said Rules, as
originally framed prescribing qualification of typing test
was amended by Notification dated June 23, 1999, and
as a result, the qualification of typing that earlier used to
be an essential requirement for appointment ceased to c
be a precondition and can now be acquired within a
period of one year from the date of appointment failing
which no annual increments would be allowed. It is, thus,
clear that in case of direct recruitment to a class Ill post,
the qualification of typing in Punjabi as a requirement for 0
appointment has been considerably relaxed. [Paras 7 and
8) [734-F-H; 735-A-B-F-G]
1.2 However, the 1994 Rules do not deal with
appointments to class IV posts nor do they provide for
promotion from class IV as a mode of recruitment to class
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Ill posts. Therefore, there is no question of finding in the
1994 Rules any provision dealing with the eligibility
criteria for promotion from class IV to class Ill posts. The
High Court was, therefore, quite wrong in drawing the
inference that while qualifying the typewriting test in
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Punjabi is a condition for direct recruitment, it was not a
pre-condition for promotion. [Para 9] [735-H; 736-A-B]
1.3 The provision for promotion from class IV to class
Ill posts was first made in the Government Circular letter G
No.4117179-IPP/1973, dated August 24, 1983. It contained
a provision for. a qualifying test in Punjabi typewriting.
The said Government Order was amended by Circular
dated October 27, 1998. The later circular increased the
quota for promotion from 10% to 15% but retained the
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730
SUPREME COURT REPORTS
(2011) 10 S.C.R
A qualification of Punjabi typewriting as prescribed in the
earlier order. It is well-settled that in the absence of
statutory rules on any subject, the relevant Government
Orders would hold the field. [Paras 10 and 11) [736-C-G;
737-A-B]
B
Sant Ram Sharma Vs. State of Rajasthan & Anr. AIR
1967 SC 191 O= 1968 SCR 111; Ashok Kumar Shrivastava
& Ors. Vs. Ram Lal & Ors. (2008) 3 SCC 148= 2008 (1)
SCR 299; Shiba Shankar Mahapatra & Ors. Vs. State of
C Orissa & Ors. (2010) 12 SCC 471= 2009 (15) SCR 866 -
relied on.
1.4. Thus, the requirement of qualifying the test in
Punjabi typewriting at the speed of 30 w.p.m. is manifestly
a criterion for promotion from class IV to class Ill post.
D Therefore, the orders passed by the High Court are
untenable. [Para 12) [737-D]
·E
1.5 Following the order passed by the High Court, the
respondent in C.A. No. 4134 of 2006 was promoted to a
class Ill post on which he is working since then. The
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