BALDEV RAJ Vs. CHIEF JUSTICE

JUDGEMENT

(1.) The appellants, who are 9 in number, are the employees of this Court who had filed WP (C) No. 1418/1983 challenging the appointment of respondents 3 to 11 who were regularized as Restorers by orders dated 26.4.1983. The main ground of challenge was that these respondents did not fulfill even the essential educational qualifications and regularizing them as Restorers after relaxing the eligibility condition was not proper. Their grievance was that in the process the appellants who were senior to the said respondents were ignored, because of which they had become juniors. The said writ petition is partially allowed by the learned single Judge vide judgment dated 17.12.1996. As we would note hereafter, the learned single Judge has held that the appellants were treated in a discriminatory manner as they ought to have been considered at the time when the respondents were considered for appointment as Restorers. However, the learned single Judge did not interfere with the appointments and regularization of the respondents 3 to 11 as Restorers because of the reason that they had been performing their duties since 1983 and some of them were even promoted to higher grades. However, since all the appellants, except petitioner Nos. 1 and 3 in the said petition, had already been appointed as Restorers, the learned single Judge directed the respondents to appoint these two petitioners as well, as Restorers, from the date of the decision of the said petition. The appellants are not satisfied with the aforesaid partial relief granted to them as, according to them, they still continue to suffer insofar as their seniority is concerned. It is for this reason the judgment of the learned single Jude is impugned by filing the present appeal.

(2.) For appreciating the essence of the challenge, it would be necessary to take note of certain facts about which there is no dispute.

(3.) The appellants as well as respondents 3 to 11 joined the High Court establishment as Class-IV employees on different dates, as mentioned below along with their educational qualifications :- S.No. Name Qualification Date of Apptt. 1. Shri Baldev Raj Higher Secy. 10.07.67 2. Shri Hari Kishan Matric 11.09.72 3. Shri Surinder Higher Secy. 30.11.72 4. Shri Amar Nath Matric 01.08.69 5. Shri Sukh Raj Higher Secy. 02.12.77 6. Shri S.S. Bera Graduate 19.10.79 7. Shri Rajinder Kumar Higher Secy. 22.11.79 8. Shri Madan Lal Graduate 13.3.80 9. Shri Ved Prakash Sharma M.A., LL.B. -