M K KHARE Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) The petitioner was appointed as Naib Nazir in the Court of District and Sessions Judge, Delhi in February 1993. Fifty per cent of these posts were upgraded to that of Civil Nazir. The petitioner, therefore, is aspiring to get promotion as Civil Nazir. In the seniority list his position is quite low. However, the petitioner wants that 25% posts of Civil Nazir be filled up by departmental examination. He made representation in this behalf in the year 1998 when promotions were being made to the post of Civil Nazirs. However, ignoring his request the promotions were made on the basis of seniority. In 1999, the petitioner again made request for filling up of about 28 vacant posts of Civil Nazir through Limited Departmental Competitive Examination (in short 'LDCE'), which was not heeded to. He again made similar request in the year 2000 which request was not acceded to. When 25% were promoted/upgraded from Naib Nazir to Civil Nazir vide order dated 6.1.2004, the petitioner filed the instant petition seeking quashing of order dated 6.1.2004 with direction to conduct and hold LDCE for filling up 25% of the posts of Civil Nazirs from amongst eligible Naib Nazirs for the yearwise vacancies which arose in 1998 and yearwise thereafter. Certain consequential prayers are also made.

(2.) The petitioner is trying to justify his claim for promotion through LDCE on the basis of Office Memoranda dated 16.10.1979 and 30.3.1994 and the orders passed on 18.12.1997 by a Single Judge of this Court in Civil Writ No.907/1996.

(3.) Office Memorandum dated 16.10.1979 issued by the Government of India, Ministry of Home Affairs, Department of Personnel and Administrative Reforms, deals with subject of 'Restructuring of Central Secretariat Clerical Service'. Perusal of this OM would show that restructuring of the Central Secretariat Clerical Service (in short 'CSCS') was done with a view to provide better avenues of promotion of the LDCs. It was, thus, decided to restructure the post of Upper Division Clerks/Lower Division Clerks in the CSCS in the ratio of 40:60. Penultimate para of this OM on which reliance is placed reads as under:-