Krishna Devi and Another Vs Uttar Haryana… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Krishna Devi and Another Vs Uttar Haryana… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Consensual disposal without independent adjudication: Competent Authority of the respondents to decide the petitioners' claim in the light of the judgment dated 02.07.2015 passed in Civil Writ Petition No.12350 of 2010, with the needful to be completed within two months (paras 24-26, 29-30).

Issue for consideration

Whether the condition in the promotion orders dated 31.10.2005 (Annexure P-5) and 20.12.2012 (Annexure P-6) requiring the petitioners, promoted to LDC, to qualify a typing test in English/Hindi at 30/35 and 25/30 W.P.M. within two years with four chances (failing which annual increment would be denied), ought to be set aside. +1 more

Court's answer

With consent of learned counsel for both sides, the petition stands disposed of on the agreed arrangement that the Competent Authority will decide the petitioners' claim in the light of the judgment dated 02.07.2015 passed in Civil Writ Petition No.12350 of 2010, and the needful is to be done within a period of two months; the Court did not itself adjudicate or set aside the typing-test condition.

Key takeaways

This Court has, on multiple occasions including in Civil Writ Petition No.12350 of 2010 (order dated 02.07.2015), already declared the typing-test condition inapplicable to persons working in the field; recited as the settled position underlying the present disposal rather than independently decided afresh.obiter¶4

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Chandigarh), CWP No.16921 of 2025, decided 01.07.2025 by Jagmohan Bansal, J. (oral; speaking/reasoned: Yes; reportable: No). Krishna Devi and another, promoted to Lower Division Clerk by orders dated 31.10.2005 (Annexure P-5) and 20.12.2012 (Annexure P-6) — petitioner No.1 having joined as Peon on 30.11.1990 and petitioner No.2 as Chowkidar on 04.12.1996 — moved under Article 226 of the Constitution against the condition requiring them to qualify a typing test in English/Hindi at 30/35 and 25/30 W.P.M. within two years with four chances, failing which annual increment would be withheld. Counsel argued the condition contradicts the respondent-Nigam's instructions dated 10.05.1989 (Annexure P-2) and applies only to head-office staff, not field personnel. The Court noted it had already held, on multiple occasions including in CWP No.12350 of 2010 (order dated 02.07.2015), that the condition is inapplicable to persons working in the field. Upon the joint statement of counsel that the Competent Authority would decide the petitioners' claim in light of the 02.07.2015 judgment, the Court disposed of the petition directing the needful within two months. The condition itself was neither quashed nor upheld in this judgment; disposal was consensual.

115 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.16921 of 2025 Date of Decision: 01.07.2025

Krishna Devi and another

….Petitioners

vs.

Uttar Haryana Bijli Vitran Nigam, Panchkula and others

….Respondents

CORAM: HON’BLE MR. JUSTICE JAGMOHAN BANSAL

Present: Mr. V.D.Sharma, Advocate for the petitioner

Mr. Price Singh, Advocate for the respondents

***

JAGMOHAN BANSAL, J. (ORAL)

The petitioners through instant petition under Article 226 of the Constitution of India are seeking setting aside of condition of the promotion orders dated 31.10.2005 (Annexure P-5) and dated 20.12.2012 (Annexure P- 6) whereby they have been asked to qualify typing test in English/Hindi at the speed of 30/35 and 25/30 W.P.M. respectively within a period of two years with four chances.

The petitioners by orders dated 31.10.2005/20.12.2012 (Annexures P-5 and P-6 respectively) were promoted to the post of Lower Division Clerk (for short ‘LDC’). Petitioner No. 1 joined on regular post of Peon on 30.11.1990 and petitioner No. 2 joined as Chowkidar on 04.12.1996. As per promotional order, they are required to pass typing test in English/Hindi at the speed of 30/35 and 25/30 W.P.M. within a period of two

PARAMJIT KAUR SAINI 2025.07.01 05:17 I attest to the accuracy and integrity of this document

CWP No.16921 of 2025 -2-

years. They have been granted four chances. It has been further jotted down in the aforesaid orders that in case they fail to clear aforesaid test, they would not be entitled to annual increment.

Mr. V.D.Sharma, counsel for the petitioners submits that condition imposed vide impugned orders is contrary to instructions dated 10.05.1989 (Annexure P-2) of the respondent. The condition of typing test is applicable to officials posted at head office whereas petitioners are posted in the field.

This Court on multiple occasions including in Civil Writ Petition No.12350 of 2010 vide order dated 02.07.2015 has already declared said condition inapplicable to persons working in the field.

Notice of motion.

Mr. Prince Singh, Advocate who on advance notice is present

in Court, accepts notice on behalf of the respondents.

With consent of learned counsel for the parties, the case is taken up for final disposal.

Learned counsel for the respondents submits that petitioners have filed representation/legal notice and Competent Authority would decide their claim in the light of judgment dated 02.07.2015 passed in Civil Writ Petition No.12350 of 2010.

Learned counsel for the petitioners agrees with aforesaid arrangement.

In the wake of statement of both sides, the present petition stands disposed of.

PARAMJIT KAUR SAINI 2025.07.01 05:17 I attest to the accuracy and integrity of this document

CWP No.16921 of 2025 -3-

Let the needful be done within a period of two months from

today.

(JAGMOHAN BANSAL) JUDGE

01.07.2025

paramjit

Whether speaking/reasoned: Yes
Whether reportable:	No

PARAMJIT KAUR SAINI 2025.07.01 05:17 I attest to the accuracy and integrity of this document