SUSHIL KUMAR GUPTA Vs. SECRETARY PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This petition is directed against the action of respondent No. 1 in not paying salary of Personal Assistant (Stenographer) to the petitioner since 28.6.1985, i.e., the alleged date from which the petitioner is said to have been discharging duties of the said post.

(2.) The facts of the case are that after 1974, no examination was held by the Public Service Commission, U. P., Allahabad to fill up the available posts of Personal Assistants. Since the petitioner knew short-hand and was working as Lower Division Assistant in the pay scale of Rs. 1,350-2,200 in the office of the Secretary, Public Service Commission, U. P., Allahabad, he was directed to discharge the duties of Personal Assistant. It is alleged that in view of a note dated 25.6.1985 to the Secretary, the Joint Secretary made a request to allow the petitioner to work with him as he knew short-hand, and in pursuance thereof, the petitioner started doing the work of Personal Assistant in the Commission. The pay scale of the Personal Assistant was Rs. 1,600-2,900 at the relevant time. It is alleged that he is continuously working as Personal Assistant and is entitled to the salary in aforesaid pay scale with effect from 28.6.1985 and consider him for regularisation on the said post in terms of notification dated 7.8.1989 read with notification dated 14.5.1979.

(3.) Shri B.N. Singh, appearing for the respondents, submitted that the post of Personal Assistant is to be filled in by direct recruitment and not by promotion. He has relied upon the averments made in paragraphs 4, 5, 6 and 7 of the counter-affidavit and has submitted that the petitioner was a Lower Division Assistant. He was attached to different offices as per need of the office, but was never appointed as Personal Assistant neither on ad hoc basis or in officiating capacity. He submits that as per regulation 5 (5), of the U. P. Public Service Commission Staff (Conditions of Services) Regulations, 1942, the post of Personal Assistant can be filled only by direct recruitment through competitive examination and the petitioner has never passed any such competitive examination.