CENTRAL SECRETARIAT STENOGRAPHERS SERVICE ASSOCIATION Vs. CENTRAL SECRETARIAT SERVICE DIRECT RECRUIT ASSISTANTS ASSOCIATION

JUDGEMENT

(1.) This writ petition is directed against the order of the Central Administrative Tribunal dated 25.05.2007 in O.A.No.145/2006 read with O.A. No.669/2006, whereby the Tribunal declined to recall/modify its order dated 11.11.2005 passed in OA No.1435/2005, quashing para 4 of the Central Secretariat Service Section Officers Grade/Stenographers Grade B (Limited Departmental Competitive Examination) Regulations, 1964 (hereinafter referred to as the Regulations) whereby the members of the Central Secretariat Stenographer Services were eligible to sit in the Limited Departmental Competitive Examination (LDCE) for the post of Section Officers.

(2.) The Central Secretariat Stenographers Service (hereinafter referred to as CSSS) is one of the three Central Secretariat Services, the other two being Central Secretariat Service (CSS) and the Central Secretariat Clerical Service. Rule 13 of the Central Secretariat Service Rules 1962 (hereinafter referred to as the Rules) framed under the proviso to Article 309 of the Constitution of India, to the extent it is relevant reads as under:- 13. Recruitment to the Section Officers and the Assistants Grade- (1) Section Officers Grade Twenty per cent of the regular vacancies in the Section Officers Grade in any cadre shall be filled by direct recruitment on the basis of the result of a competitive examination held by the Commission for this purpose, from time to time. The remaining vacancies shall be filled by appointment of persons included in the Select List for the Section Officers Grade. Such appointments shall be made in the order of seniority in the Select List except when for reasons to be recorded in writing, a person is not considered fit for such appointment on his turn. Rule 23 of the aforesaid Rule reads as under:-

(3.) Regulation 4 of Central Secretariat Service Section Officers Grade/Stenographers Grade B (Limited Departmental Competitive Examination) Regulations, 1964 reads as under:- Conditions of Eligibility- Any permanent or temporary officer of the Assistants Grade of the Central Secretariat Service or of Grade C of the Central Secretariat Stenographers Service who, on the crucial date, satisfies following conditions, shall be eligible to appear at the examination.