S K JAIN Vs. P S GUPTA

JUDGEMENT

(1.) The employees of the Delhi University were governed by the rules known as The University Non-teaching Employees (Terms and Conditions of Services) Rules, 1971 (hereinafter,called the Rules). These Rules provided for creation or posts, recruitment, appointment and seniority of the staff of the University. Schedule of posts were indicated by the Executive Council from time to time. Prior to the passing of these Rules such matters were governed by the Regulations which were approved by the Executive Council. In the Schedule of posts under the Rules as well as under the Regulation there existed a post of Superintendent. According to the Resolution of the Executive Council No.36 dated 20th April, 1964 Steno-Typists as well as Stenographers were eligible for consideration for promotion to the post of Senior Assistants and Superintendents. The eligibility condition was that they must be Graduate and should have good confidential reports. However, the Executive Council by its Resolution No.304 dated 20/10/1966 empowered the Selection Committee to consider relaxation of the said condition at the time of promotion of Stenographers to the post of Superintendent. It was considered desirable that the Stenographer in order to get promotion as Superintendent should have at least experience of noting and drafting. Therefore, vide Resolution No.208 dated 24/08/1968 the Executive Council decided that employees working in the identical time scales but in different cadres may be transferred from one cadre to another cadre. It was also brought to the notice of the Committee that the Stenographer were not borne on the seniority list of Senior Assistants for purposes of promotion to the post of Superintendent, therefore, opinion was expressed that a Stenographer should not be promoted as ^Superintendent straightaway as they would have no experience of noting and drafting while working as Stenographers. It was therefore decided that before the proposal of interchange of employees from one cadre to another could be accepted it was essential to provide for some "in-service training course" for the employees of the University. Training was to be organised at the earliest and thereafter it was suggested that a test be conducted as envisaged in Rule 44. That vide Resolution No.17 dated 3/04/1972 the Executive Council decided that all the Steno-Typists should be borne on the common seniority list of Assistants and Steno-Typists for the purpose of promotion to the cadre of Senior Assistants. That all such Stenographers as were directly recruited as Stenographers should also be borne on the common seniority list of Assistants and Steno-Typists. Further such of the Steno-Typists on the basis of their date of appointment as Stenographers as are subsequently promoted as Stenographers and those who were directly recruited as Stenographers be considered for proforma promotion to the cadre of Senior Assistants in accordance with their position in the combined seniority list of Assistants/ Steno-typists, subject to the satisfactory report about their work as in other cases. Therefore, the Stenographers placed in the cadre of Senior Assistants be considered for promotion to the Superintendent's cadre according to their seniority in the gradation list of Senior Assistants, subject to the satisfactory report of their work. That there would be no qualifying test for the Stenographers for placement as Superintendents but they be promoted on the basis of their position in the gradation list of Senior Assistants on trial basis. Thus the Stenographers were made eligible for being considered for promotion to the post of Superintendent, however, for the purpose of seniority they were treated at par with the Steno-Typists/ Assistants. It was their placement at par with Steno-Typists/ Assistants which was subsequently rescinded by Resolution No.777 dated 28/03/1973 of the Executive Council.

(2.) On the rescission of Resolution No.777 of the Executive Council, the Senior Assistants felt aggrieved. They protested the rescinding of placement of seniority of Stenographers and consequently promotion of the Stenographers to the posts of Superintendents. They, therefore, made representation to the Pro-Vice Chancellor of the University of Delhi. The Executive Council by its Resolution dated 18/04/1973 authorised the Vice Chancellor to take such action as he may consider appropriate after getting the matter further examined. The Vice Chancellor discussed the matters with the representatives of the parties as well as employees union. After hearing them he gave the decision on 2/05/1973 thereby laying down: (i) That relative seniority of Steno-Typists/ Stenographers for the purpose of promotion be considered from the level of Assistants. (ii) That those who possess the basic qualification will naturally get promotion when their turn comes but in the case of those who lack these basic qualifications as required in resolution of 1964 may be considered for relaxation on the condition mentioned in 'A' which read as under ;

(3.) The decision of the Vice Chancellor was approved by the Executive Council vide its Resolution No.81 dated 21/05/1973.