Kulwinder Kaur v. State Of Punjab & ORS

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 25570 of 2018 Date of Decision: 05.01.2023 Kulwinder Kaur ... Petitioner(s)

Versus

State of Punjab and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Ms. Alka Chatrath, Advocate for the petitioner(s).

Mr. R.S.Pandher, Senior Deputy Advocate General, Punjab, for the respondents.

Anil Kshetarpal, J.

1.

The petitioner was appointed on a compassionate basis as a Clerk. As per the appointment letter dated 24.07.2000, the petitioner was required to clear the type test so as to enable her to get an annual increment. The petitioner prays for issuance of a writ in the nature of mandamus to release the withheld increments.

2.

As per the stand taken by the State in the written statement, the Assistant Commissioner (General) was appointed as Incharge of the Committee for holding the said type test. All the employees including the petitioner appeared in the prescribed test, but failed. 3.

The learned counsel representing the petitioner, while referring to the instructions dated 23.12.2011, at page No. 27 of the paper-book, submits that the Clerks appointed on a compassionate basis can be exempted DEEPAK KUMAR BHARDWAJ 2023.01.09 11:15 I attest to the accuracy and integrity of this document from passing the type test if they complete the prescribed computer typing

Civil Writ Petition No. 25570 of 2018 training from the Information and Technology Department. She further submits that since the petitioner has already completed the aforesaid training, therefore, the direction is required to be issued. 4.

In para 8 of the written statement, it has been stated that after the completion of the training, the concerned department has constituted a Committee for conducting the type test as already noticed. 5.

Since the petitioner failed to clear the type test, which was held on the three different occasions, no ground to issue the writ is made out, as prayed for. Consequently, the present writ petition is dismissed. (Anil Kshetarpal) Judge January 05, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.01.09 11:15 I attest to the accuracy and integrity of this document