MOHD KALIM Vs. COMMISSIONER VARANASI DIVISION VARANASI

JUDGEMENT

(1.) -The special appeal arises out of the judgment dated 1.2.1994 allowing the Writ Petition No. 19016 of 1988 quashing the selection and promotion of the respondent-appellant on the post of Personal Assistant/Stenographer to the Divisional Commissioner.

(2.) THE brief relevant facts as disclosed by the petitioner-respondent are that he was appointed as Stenographer to the Additional Commissioner, Varanasi Division, Varanasi on 5.8.1971 and was confirmed on 27.5.1978. THE respondent-appellant was appointed as Camp Assistant on 8.11.1976. THE post of Stenographer to Additional Commissioner, Varanasi Division, Varanasi and Camp Assistant were in the equivalent pay scale, i.e., 300-500. Both constitute feeder cadre for promotion to the post of Stenographer/ Personnal Assistant to Commissioner, which was in the higher scale of 400-600. THE recruitment and conditions of service to the aforesaid posts is governed by the Commissioners Offices Ministerial Service Rules, 1980 (in short '1980 Rules').

(3.) THE learned counsel for the petitioner-respondent, however, submitted that he was the senior most stenographer to Additional Commissioner and amongst the three incumbents, who were considered for promotion was also senior most. He further submits that he was found unfit on the ground that he lacks proficiency in English Stenography and Typing and lacks knowledge for typing on Hindi Electronic Typewriter, which are not the qualifications required for promotion under the Rules and, therefore, he has wrongly been rejected. This aspect has been considered and upheld by the Hon'ble Judge and, therefore, the writ petition has rightly been allowed.