JASWANT SINGH Vs. DISTRICT AND SESSIONS JUDGE DELHI

JUDGEMENT

(1.) This appeal under section 10 of the Letters Patent Act is directed against the order dated 1/2/1995 whereby the learned single Judge dismissed appellant's writ petition No.3073/91. In the said writ petition the appellant had sought quashing of order dated 4/10/1989 passed by Hon'ble Mr. Justice H.C. Goel rejecting the departmental appeal preferred by the appellant against the office order of the District & sessions judge, Delhi dated 13/9/1985 whereby earlier order dated 9/5/1985 placing the appellant in the higher scale Rs. 550-900 with effect from 22/12/1973 was recalled.

(2.) Briefly stated the facts relating to this appeal are as under:-

(3.) In the year 1985 Government upgraded 19 posts/ of stenographers to the scale of Rs. 425-700 with effect from 1/1/1973. Accordingly, the District & Sessions Judge, Delhi placed 19 stenographers in the revised pay scale of Rs. 425-700 and the petitioner being Scheduled Caste candidate was placed in the first position according to the 40 point roster. In the same year i.e. in the year 1985, the Government created one post in the higher scale of Rs. 550-900 for the stenographers with effect from 1/1/1973. So the the District & Sessions Judge, Delhi issued an order dated 9/5/1985 whereby the appellant was placed in the said pay scale of Rs. 550-900 from 22/12/1973 after the death of the senior most stenographer Mr. S.K. Joshi, who died on 21/12/1973. It may be pointed out here that in the seniority list of stenographers Mr. S.K. Joshi figured at serial No. 1 and Mr. M.M. Manchanda figured at serial No.2. The appellant's position in the seniority list was 19th. Feeling aggrieved by the placement of the petitioner in the higher scale of Rs. 550-900 with effect from 22/12/1973, Mr. Manchanda made a representation to the District & Sessions Judge, Delhi and thereupon the District & Sessions Judge, Delhi withdrew the order dated 9/5/1985 whereby the appellant was placed in the higher pay scale of Rs.550-900 from 22/121973 and instead passed order dated 13/9/1985 whereby Mr. Manchanda was placed in the senior scale from 1/1/1973 onwards whereas Mr. S.K. Joshi was shown to have drawn presumptive pay of the said post from 1/1/1973 till his death on 21/12/1973 under FR 9 (24). Aggrieved by order dated 13/9/1985, the appellant made representation to the District & Sessions Judge, Delhi which was rejected. He preferred a departmental appeal to the High Court but same was dismissed by Hon'ble Mr. Justice H.C.Goel vide order dated 4/10/1989. The appellant's contention in his departmental appeal was that since he was placed at serial No.1 in the office order issued by the District & Sessions Judge, Delhi on 9/5/1985 placing 19 stenographers in the revised pay scale of Rs. 425-700 he become entitled to be put in the next higher pay scale of Rs. 550-900 with effect from 1/1/1973, he being at the top of list. Alternatively it was contended that by applying 40 point roster also the first vacancy should have gone to him he being a scheduled caste candidate. Both these contentions of the appellant were rejected by Hon'ble Mr. Justice H.C. Goel on the ground that inter se seniority of the stenographers remains unaltered even though the appellant being a scheduled caste candidate, was shown at serial No.1 for the purpose of allotment of vacancy in accordance with the 40 point roster. This was so held in view of the following O.Ms :-