STATE OF CG Vs. AVANISH JYOTISHI

JUDGEMENT

(1.) Challenge in this appeal filed by the appellants is to the order dated 11-12-2006 passed by the learned Single Judge in W.P. No. 947/2006, allowing the writ petition. Facts of the case, in brief, are that the respondents herein were initially appointed as 'Stenographers' in the erstwhile High Court of Madhya Pradesh and at the relevant time the respondent No. 1 was at Sr. No. 1 in the seniority list of the Stenographers. After bifurcation of the State of Madhya Pradesh into two States and formation of new State of Chhattisgarh, services of the respondents herein have been allocated to the State of Chhattisgarh at their option. In the erstwhile State of M.P. the services of the respondents were governed by the High Court of Madhya Pradesh, Officers and Employees Recruitment and Conditions of Service (Classification, Control, Appeal and Conduct) Rules, 1996 and till the C.G. High Court Establishment (Appointment and Conditions of Service) Rules, 2003 (henceforth 'the Rules, 2003'), came into force w.e.f. 1-10-2003, it continued to be governed by the said Rules.

(2.) On 18-5-2001 meeting of the Departmental Promotion Committee constituted by the Chief Justice for considering the cases of eligible Stenographers of promotion to the post of Private Secretary was convened. According to Rule 8 of the Rules, 2003 the post of Private Secretary is required to be filled by promotion against the Personal Assistants on merit-cum-seniority basis, however, at the relevant time none of the respondents was working as Personal Assistant, but they were considered for promotion to the post of Private Secretary. After consideration, the Departmental Promotion Committee recommended the names of respondent Nos. 2 to 6 for promotion to the post of Private Secretary. However, since at that time the respondent No. 1 herein was not possessing the minimum prescribed qualification for promotion, i.e., 100 words per minute pass certificates of English Shorthand, it was recommended that requisite minimum qualification may be relaxed and he may be promoted provisionally with the condition that he must pass English Shorthand examination at the speed of 100 (hundred) words per minute from any recognised Board within a period of two years and only after submission of pass certificate, his case will be considered for regular promotion. Thus, the respondent Nos. 2 to 6 were promoted to the post of Private Secretary, whereas the respondent No. 1 was provisionally promoted to the post of Private Secretary vide order dated 24-5-2001, subject to above stipulation.

(3.) Respondent No. 1 obtained the requisite minimum qualification, i.e., pass certificate of English Shorthand Examination at the speed of 100 words per minute, on 20-8-2001 and submitted the certificate with the appellants and therefore, vide order dated 1-10-2002 his promotion was regularised with effect from 20-8-2001, i.e., the date on which he acquired the requisite qualification. Subsequently, on 6-1-2004 confirmation order was passed in which the respondent No. 1 was placed at the bottom of the list of the Private Secretaries.