N S JOSHI Vs. PRINCIPAL DISTRICT JUDGE

JUDGEMENT

(1.) ALL these petitions filed by ad-hoc employees serving in subordinate Courts of different districts, raise common challenge to the centralized selection process undertaken by the High Court on its administrative side for appointment on different non-judicial posts in subordinate Courts under its control. They have prayed to treat them as regularly selected candidates and not to replace them by the candidates selected by centralized selection process undertaken by the High Court. All these petitions are, therefore, heard and decided together.

(2.) SPECIAL Civil Application No.5931 of 2012 is filed by the employees presently serving as Assistants (Junior Clerks) on ad-hoc basis. It is their case that they had applied for the posts of Peon and Assistant (Junior Clerk) as per the advertisement dated 7.7.2003. However, recruitment process for the posts of Assistant (Junior Clerk) was kept in abeyance and they were called for interview for the posts of Peons (Class-IV) and all of them were selected and appointed as Peons. They joined the service as Peons but subsequently, with the permission of the High Court, they were appointed as Assistants (Junior Clerks) in the pay scale of Rs.3050- 4590 and they have been discharging their duties as Assistants (Junior Clerks). They have been continuously serving on the said post for last 7 years. They have been issued Identity cards and allotted Government quarters as they are regular employees in the establishment of Valsad District Court. They have, therefore, while challenging the fresh recruitment undertaken by the High Court prayed to declare that they have been regularly appointed on clear, vacant and substantive posts of Assistant (Junior Clerk) on the establishment of Valsad District Court and they are entitled to regular pay scale for the said cadre from the date of their initial appointments. They have sought direction not to replace them by giving appointment to any other candidates selected in the fresh recruitment undertaken by the High Court.

(3.) LEARNED advocate Mr. K.B.Pujara appearing for the petitioners in Special Civil Application Nos 5931 of 2012 and 4205 of 2012 has made following submissions:-