Saurabh Malik, Tribune News Service
Chandigarh, December 6. A person who cannot write Punjabi cannot be deemed to have knowledge of the language, the Punjab and Haryana High Court has held.
The ruling is significant as it affects employees of the Punjab Government as well as the UT administration as the latter follows the Punjab pattern in the absence of its own rules. The judgment is expected to go a long way in clearing the air on the knowledge of Punjabi for appointment and promotion purposes.
The issue was brought up before a Division Bench of the High Court by Kuldeep Chand. In his appeal filed in the High Court against the UT District and Sessions Judge, Kuldeep Chand had challenged an order passed by the Single Judge of the High Court on February 27, 2012.
The Single Judge, vide the order, had refused to decide in his favour writ petition challenging the action of respondent in not promoting him. Appearing before the court, his counsel had argued the Chandigarh administration had not framed separate rules for appointment or promotion. As such, Punjab rules were applicable for the purpose of promotion of employees of the Chandigarh administration.
After going through the documents and rival contentions, the Division Bench of Justice Hemant Gupta and Justice Rajiv Narain Raina asserted: “It has been found by the Single Bench that the appellant cannot be said to have knowledge of Punjabi as he cannot write Punjabi”.
Dismissing the appeal, the Bench asserted: “In terms of the rules applicable for the purpose of promotion, the knowledge of Punjabi is a necessary condition. Therefore, the person who cannot write Punjabi cannot be deemed to be having knowledge of Punjabi. Consequently, we do not find that there is any illegality in the order passed by Single Judge, which may warrant interference in appeal”.