BABULAL YADAV Vs. HIGH COURT OF RAJASTHAN

JUDGEMENT

(1.) These three Civil Appeals arise out of the judgment and other dated 4-11-1991 passed by the Division Bench of the High Court of Rajasthan, Jaipur Bench in DB Civil S.A. (writ) No. 508-10/91, whereby the judgment and order dated 12-8-1991 passed by the learned single Judge allowing the writ petition filed by the appellant, was reversed.

(2.) Before, we advert to the facts of the present appeals, it would be appropriate to refer to the two sets of Ruels, one governing the recruitment to the cadre of stenographers in the Sub-ordinate Civil Courts of Rajasthan and the other relating to recruitment of stenographers in the Sub-ordinate Offices of the Government in the State of Rajasthan. Till the year 1985 the recruitment of stenographers in the sub-ordinate Civil Courts in the State of Rajasthan and their conditions of services were governed by the Rajasthan Sub-ordinate Civil Courts Ministerial Establishment Rules, 1968 (for short "1958 Rules"). Rule 6 of 1958 Rules provided that the direct recruitment to the cadre of Stenographers as Stenographers Grade III (now Grade-II) shall be made on the basis of selection. Rule 10 provided the academic qualification for direct recruitment to the Stenographers cadre. Subsequently, in the year 1986, 1958 Rules were superseded by the Rajashtan Subordinate Civil Courts Ministerial Establishment Rules 1986 (for short "1986 Rules"), which came into force with effect from February 25, 1986. Under Rule 10 of 1986 Rules, the qualification of the candidate for direct recruitment to the cadre of Stenographers in Subordinate Courts substantially remained the same as it was under the 1958 Ruels. Under both sets of Rules, candidates after selection to the post of Stenographer necessarily have to pass qualifying test of shorthand and typewriting to be conducted by the Rajasthan Public Service Commission and till they pass such tests, they have to be treated as working on extended probationary period. There is another set of Rules known as Rajasthan Subordinate Offices Ministerial Staff Rules, 1957, (for short "1957 Rules"). 1957 Rules regulate the recruitment to the post of Stenographers in the Subordinate Offices of State Government in the State of Rajasthan. Under the aforesaid two sets of Rules, a candidate for recruitment to the cadre of Stenographers is required to pass the test of shorthand and typewriting to be conducted by the Rajasthan Public Service Commission. For the Hindi shorthand test the speed has been prescribed as 80 words per minute and for Hini typewriting test, the speed prescribed is 30 words per minute. A perusal of 1957 Rules and 1958 Rules which have been superseded by the 1986 Rules, shows that the prescribed speed in shorthand and typewriting in both the cases is the same although but the two. Bules relate to different sets of services - one for Sub-ordinate Civil Courts and other for subordinate Offices of the State Government.

(3.) In the year 1982, the appellant after passing the test of Stenographer Grade-II, was appointed Stenographer Grade-II in Sub-ordinate Civil Court for a period of three months by the District and Sessions Judge, Pali in accordance with the 1958 Rules. Letter of appointment dated January 22, 1982 issued to the appellant indicated that he has to pass the prescribed test of Stenographer Grade-II to be held by the Rajasthan Public Service Commission as required under the 1958 Rules. In the year 1983, the Rajasthan Public Service Commission advertised vacancies for recruitment to the cadre of Stenographers in the Subordinate Offices of the State Government. The appellant in response to the said advertisement appeared in the said examination and was declared successful. consequently, he was issued a letter of appointment and was directed to join as Stenographer to the Chief Engineer, CAD. Indira Gandhi Nahar Project, Bikaner. However, the appellant did not join there and opted to remain as Stenographer in the subordinate Civil Court. The appellant, on the strength of passing the examiantion conducted by the Rajasthan Public Service Commission for recruitment to the cadre of Stenographer in the Subordinate Offices of the State Govt., represented to the concerned District Judge and the High Court for his confirmation in the service. However, no action was taken by respondents 1 and 2 for appellant's confirmation as a Stenographer in the Subordinate Court. Under such circumstnaces the appellant filed a writ petition before the High Court of Rajasthan praying that the respondents be directed to declare and confirm him as substantive stenographer Grade-II, under the 1986 Rules. It was also prayed therein that the respondents be directed to consider the appellant for promotion to the post of Stenographer Grade-I in accordance with the 1986 Rules. The writ petition was contested by respondents 1 and 2 on various grounds including that the passing of the examination by the appellnat under the 1957 Rules is of no use to the appellant for the purposes of his confirmation under the 1986 Ruels. However, the learned single Judge by his order dated 12th August, 1991 allowed the writ petition and directed the respondents to confirm the appellant w.e.f. the date the substantive post is available. Aggreived, respondent Nos. 3 and 4 filed separate appeals against the judgment and order of the learned single Judge and the 3rd appeal was filed by respondent Nos. 1 and 2. All the three appeals were consolidated and heard together and were allowed by the Division Bench of the High Court of Rajasthan. The appellate Court was of the view that passing of the qualifying test by the appellant which was meant for different service is of no consequence for the purpose of the confirmation in the cadre of Stenographer in the Subordinate Civil Courts under the 1986 Rules. Consequently, the judgment of the learned single Judge was set aside and that is how the appellant has approached this Court by way of Special Leave Petitions.