Rajinder Parsad Vs State of Haryana and… — Writ and Judicial Review | Punjab & Haryana HC (2026)

Rajinder Parsad Vs State of Haryana and… — Writ and Judicial Review | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, promoted as Clerk on 14.02.2012 subject to a mandatory condition of passing a typing test (English or Hindi) within one year, which he admittedly did not pass, is entitled to pending increments, ACP and consequential benefits. +1 more

Court's answer

The promotion order dated 14.02.2012 contained a mandatory condition that the petitioner pass the typing test (English or Hindi) within one year, failing which Annual Increment(s) would be stopped; the petitioner admittedly did not fulfil the condition and is therefore not entitled to the said benefits.

Ratio / Principle

As per Appendix B of the relevant Service Rules applicable to the petitioner, since he does not satisfy the stipulated condition, he cannot claim the benefit of increment etc.

Key takeaways

Under clause 3(b) of letter dated 22.12.2020 (Annexure P-6), Clerks/Steno-Typists initially appointed/recruited on or before 07.11.2013 must pass the prescribed Type Test to be allowed all benefits including pending increments, promotions and ACP; as the petitioner's promotion is dated 14.02.2012, i.e. prior to 07.11.2013, it is incumbent upon him to have passed the typing test to avail the benefit of Annual Increment(s).ratio¶40
Per Rule 8(b) of the Haryana Civil Services (ACP Rules), 2016, the petitioner is not entitled to ACP without qualifying the type test.ratio¶41

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Nidhi Gupta, J.) dismisses CWP-4353-2023 (O&M) filed by Rajinder Parsad, a retired Clerk, seeking quashing of order dated 24.09.2015 (Annexure P-2) rejecting exemption from the typing test, and directions to grant pending increments, ACP and consequential benefits per Government letter dated 22.12.2020 (Annexure P-6). Held: the promotion order dated 14.02.2012 imposed a mandatory condition to pass the typing test (English or Hindi) within one year, failing which annual increments would stop; the petitioner admittedly failed to comply. Appendix B of the relevant Service Rules and Rule 8(b) of the Haryana Civil Services (ACP Rules), 2016 bar increments/ACP without qualifying the type test. Under clause 3(b) of Annexure P-6, Clerks/Steno-Typists appointed on or before 07.11.2013 must pass the prescribed Type Test; the petitioner's promotion of 14.02.2012 predates that cutoff. The claim was highly belated (representation 27.05.2015; writ filed 23.02.2023), and the petitioner, having joined on 15.02.2012, was estopped from challenging the condition. Reliance on Surinder Singh, CWP-11842-2020 did not avail him. Pending applications disposed of.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

225 CWP-4353-2023O&M) Date of Decision:13.07.2026

Rajinder Parsad … Pe��oner

Versus

State of Haryana and others ... Respondents

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:Mr. Akash Kundu, Advocate for the pe��oner.

Mr. Neeraj Gupta, Addl. Aag, Haryana.

NIDHI GUPTA, J

Present Civil Writ Pe��on under Ar�cles 226 of the Cons�tu�on of India has been filed by the pe��oner for issuance of a writ in the nature of Cer�orari for quashing the order/direc�on dated 24.09.2015 (Annexure P-2) issued by respondent No.2 and direct the respondents to grant the pe��oner the pending increments, ACP benefits and all consequen�al benefits in terms of le�er dated 22.12.2020 (Annexure P-6).

It is inter alia submi�ed by learned counsel for the pe��oner that the pe��oner was ini�ally appointed as a Peon on 18.10.1982 in the office of Assistant Registrar, Narwana. Vide order dated 14.02.2012, pe��oner was promoted to the post of Clerk. It is submi�ed that as per the order of promo�on, there was a condi�on precedent that pe��oner was required to pass

NEELAM KUMARI 2026.07.15 12:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CWP-4353-2023 (O&M)

the typing test of either English or Hindi within one year, and that if the same is not complied with, the Annual Increment/Increments will be stopped. As the pe��oner was of old age, being 48 years, pe��oner made a representa�on dated 27.05.2015, (Annexure P-1), to respondent No.2 praying for exemp�on from passing the typing test due to his old age. However, vide the impugned order dated 24.09.2015 (Annexure P-2), request of the pe��oner has been rejected. Accordingly, pe��oner has appealed to the Addi�onal Chief Secretary, Coopera�on Department, Haryana, vide Annexure P-3.

It is submi�ed that in a similar ma�er i.e. CWP-11842-2020 dated 24.09.2020 �tled as Surinder Singh and others versus State of Haryana and others , this Court had issued direc�ons, to the effect that “those who were promoted a�er 07.11.2013 had to clear the SETC and that 10 chances will be provided for the same.” It is submi�ed that pursuant to the above direc�on of this Court, Government of Haryana had issued a le�er dated 22.12.2020 (Annexure P-6) direc�ng that “the condi�on for imposing SETC shall not be imposed upon the Clerks/Steno-typists who were ini�ally appointed/recruited as such on or before 07.11.2013.” It is submi�ed that a similar relaxa�on also ought to be given to the pe��oner.

Ld. counsel further contends that the pe��oner has re�red from his post of Clerk on superannua�on on 02.01.2022. However, he has not yet received the benefits that he is en�tled to as per Annexure P-6. It is accordingly prayed “ to issue a writ in the nature of CERTIORARI by calling for the records and quashing order/direc�on dated 24.09.2015 (Annexure P-2) issued by respondent No.2, whereby respondent No.2 has rejected the prayer of the pe��oner to grant

NEELAM KUMARI 2026.07.15 12:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CWP-4353-2023 (O&M)

exemp�on from passing the typing test, the said order being, inter alia, without jurisdic�on, illegal, arbitrary and misconceived; issue a writ in the nature of MANDAMUS, direc�ng the official respondents to not take any steps/ac�ons and/or carry out any proceedings and/or pass any orders, pursuant to and/or in respect of le�er dated 22.12.2020 (Annexure P-6).”

Per contra, ld. counsel for the State has vehemently opposed submissions advanced on behalf of the pe��oner and contended that pe��oner is not en�tled to the benefits as prayed for as pe��oner had failed to pass the typing test which is a mandatory condi�on. It is submi�ed that, therefore, there is no merit to the present writ pe��on and the same deserves to be dismissed.

No other argument is made on behalf of ld. counsel for the par�es. I have heard ld. counsel and perused the case file and record in detail.

I find merit in the submissions advanced on behalf of the respondent-State. Vide the present Writ Pe��on, the pe��oner has sought se�ng aside of order dated 24.09.2015 (Annexure P-2), passed by respondent No.3-Registrar, Coopera�ve Socie�es, Haryana, whereby claim of the pe��oner for grant of ACP and other benefits, has been rejected. The pe��oner has further prayed for direc�ng the respondents to grant pending Increments, ACP benefits, and other consequen�al benefits as per le�er dated 22.12.2020 (Annexure P-6).

It is not disputed that pe��oner was promoted to the post of Clerk vide le�er dated 14.02.2012. Admi�edly, a mandatory condi�on contained in le�er of promo�on was that pe��oner has to pass the typing test of either

English or Hindi within one year; and that if the said condi�on is not complied NEELAM KUMARI 2026.07.15 12:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

CWP-4353-2023 (O&M)

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with, the Annual Increment/Increments shall be stopped. Admi�edly, pe��oner

has not fulfilled the said condi�on. Therefore, he is not en�tled to the said benefits.

Even as per Appendix B of the relevant Service Rules applicable to

the pe��oner, it is s�pulated as follows: -

Admi�edly, pe��oner does not sa�sfy the said condi�on. As such, he cannot claim the benefit of increment etc.

Further, pe��oner has relied upon the le�er dated 22.12.2020 (Annexure P-6), Clause 3(a) to submit that condi�on of SETC shall not be imposed on Cerks/Steno-typists who were ini�ally appointed/recruited on or before 07.11.2013. However, Clause 3(b) of the said le�er dated 22.12.2020, (Annexure P-6), s�pulates as follows:-

NEELAM KUMARI 2026.07.15 12:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CWP-4353-2023 (O&M)

“(b) The Clerks/Steno-Typists ini�ally appointed/recruited on or before 07.11.2013 shall pass the Type Test as prescribed in their Service Rules and they shall be allowed all benefits including pending increments, promo�ons on seniority-cum merit basis and ACP benefits.”

As promo�on of the pe��oner is on dated 14.02.2012 i.e. prior to 07.11.2013, thus, even under the above said le�er, it is incumbent upon the pe��oner to have passed the typing test to avail the benefit of Annual Increment/Increments. It is further informed by learned State counsel that the SETC has also been withdrawn by the respondents.

Further, even as per following Rule 8(b) of Haryana Civil Services (ACP Rules), 2016, the pe��oner is not en�tled for ACP without qualifying the type test:-

“8. Other general condi�ons of eligibili�es of ACP Level. The following general condi�ons shall also be fulfilled by a Government employee for availing benefit of ACP Level :-

a)xxxxxxxxx

(b) if such promo�on involved passing of any departmental or other test, acquisi�on of higher educa�onal qualifica�on, etc., such condi�on shall also be fulfilled by the Government employee.”

Before par�ng, it may also be pointed out that the pe��oner was condi�onally promoted vide order dated 14.02.2012. Three years thereina�er, pe��oner made the representa�on dated 27.05.2015 (Annexure P-1) seeking exemp�on from the condi�on of passing typing test only on the ground that he was aged, being 48 years; and the present Writ Pe��on has been filed eight years thereina�er on 23.02.2023. Thus, claim of the pe��oner is highly belated.

NEELAM KUMARI 2026.07.15 12:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

CWP-4353-2023 (O&M)

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Instead of fulfilling the said condi�on, it is only a�er more than three years of his promo�on, pe��oner had submi�ed representa�on dated 27.05.2015 (Annexure P-1) seeking relaxa�on from passing of typing test. Consequen�ally, the same came to be rightly rejected vide impugned order 11.08.2015 (Annexure P-2).

Moreover, pursuant to promo�on order dated 14.02.2012, pe��oner had duly joined on 15.02.2012, thereby implying that pe��oner had acceded to the said condi�on of passing typing test. Resultantly, pe��oner is now estopped from laying challenge to the said condi�on.

16 . In view of the above noted posi�on, there is no merit in the present writ pe��on, and the same is accordingly, dismissed .

Pending applica�on(s), if any, also stands disposed of.

13.07.2026

( NIDHI GUPTA ) JUDGE

Neelam

Whether speaking /reasoned Yes / No Whether Reportable Yes / No

NEELAM KUMARI 2026.07.15 12:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh