DELHI HIGH COURT Vs. ATUL KUMAR SHARMA

JUDGEMENT

(1.) A writ petition bearing No. C.W.P.No.1218/89 was filed in the High Court by Atul Kumar Sharma calling in question the validity of the amendment made to the Delhi High Court Establishment (Appointments and Condition of Service) Rules, 1972 to the extent it amended the Rules excluding the Junior Translator from the feeder post for promotion to the post of Assistants, Caretaker and Junior Reader. A Division Bench of the High Court allowed the said writ petition holding that the High Court should follow the rule which provided promotional avenues to the Junior Translator also to the post of Assistants, Caretaker and Junior Reader. The promotions were to be effected on the directions issued by the High Court though monetary benefits were excluded in order to adjust the equities in the matter.

(2.) The question was whether the respondent would get the notional promotion to the post of Senior Translator and if so, whether the written test for promotion to the post of Superintendent to be held on September 9, 2000 would come in the way of prospects of the respondent. A Committee had been constituted to look into these matters to make recommendations pursuant to the decision of the Division Bench in C.W.P.No.1218/89. A report had been received by the Chief Justice on 8-9-2000. Based on that report, provisional roll numbers were issued to all Senior Judicial Translators/Judicial Translators who had applied for appearing in the test for the post of Administrative Officer or Court Master. The respondent, however, did not accept the roll number assigned to him on the ground that there was hardly any time for preparation for the examination and that the recommendations made by the Administrative Committee of the Judges was also under challenge in another writ petition (C.W.P.No.6167 of 2000). In view of the pendency of the writ petition, the Committee deferred finalization and fixation of notional seniority in respect of the respondent and other similarly situated persons.

(3.) An application (C.M.No.8257 of 2000) was filed in C.W.P.No.1218/89 (which stood disposed of earlier) to direct a supplementary examination to be held to the post of Administrative Officer or Court Master on the ground that the respondent and others have not been given sufficient time for preparation as it was only on 8-9-2000 that he was informed that he has been allowed to appear in the test commencing on the very next day. A Division Bench of the High Court allowed the application filed by the respondent and directed holding of the supplementary examination for the respondent and other similarly situated persons.