DHARMENDER JOSHI Vs. HIGH COURT OF DELHI

JUDGEMENT

(1.) The petitioners state that they are working at different levels of the High Court Establishment and belong to the cadre of Administrative Officers (Judicial)/Superintendents (hereafter also referred to as 'AOJ') and cadre of Court Masters (hereafter also referred to as 'CM'). The respondent nos. 2 to 84 are employed by this Court's Establishment as Private Secretaries (hereafter also referred to as 'PS'). The cadre of PS, AOJs and CM are feeder cadres for the post of Assistant Registrar (hereafter also referred to as 'AR').

(2.) The petitioners are aggrieved by the ratio of 3:4 between the PS cadre and CM plus AOJ cadre, for promotion to the level of an Assistant Registrar (AR).

(3.) The post of AR is a selection post. The Delhi High Court (Appointment and Conditions of Service) Rules, 1972 were amended by a Notification dtd. 15/10/2007 to provide for the allocation of vacancies arising in the post of Assistant Registrar in the said ratio of 3:4 between the cadres (3 for the PS Cadre and 4 for the AOJ plus CM Cadre). Prior to the said notification, the quota for promotion to the post of Assistant Registrar inter se PS cadre and AOJ plus CM cadre was 1:2. The petitioners claim that the amendment to the said ratio was premised on an incorrect assumption and inter se ratio was fixed earlier on the basis of the cadre strength. They state that the change in the ratio has stifled their promotion prospect and therefore, is liable to be set aside.