LAWS(ALL)-1996-4-142

AMAR NATH SRIVASTAVA Vs. HONBLE CHIEF JUSTICE

Decided On April 01, 1996
AMAR NATH SRIVASTAVA Appellant
V/S
HONBLE CHIEF JUSTICE Respondents

JUDGEMENT

(1.) K. L. Sharma, J. The petitioner being an Assistant Registrar of the Allahabad High Court has filed this writ petition under Article 226 of the Constitution praying for issue of a writ of mandamus or direction in the nature of mandamus commanding Hon'ble the Chief Justice and the Regis trar of the High Court, Allahabad, to consider and promote him to the post of Deputy Registrar in the ensuing selection and commanding the opposite parties to determine the seniority of the petitioner on the post of Assistant Registrar before making the selection for the post of Deputy Registrar.

(2.) THE petitioner has been promoted as the Assistant Registrar on 24-7-1995 in the pay-scale of Rs. 2200-4000. Prior to his promotion he was functioning as the Bench Secretary Grade i since 1-6-1988 and got the senior pay-scale of Rs. 3000-4500 on 11-7-1995. THE grievance of the petitioner is that the opposite parties are promoting Junior Officers working as Section Officers to the next higher post of Deputy Registrar without determining the inter-se seniority of the officers in the two feeding cadres eligible for promotion to the post of Deputy Registrar. According the petitioner, no seniority list of the Assistant Registrar has been prepared and the opposite parties are going to make promotion to the post of Deputy Registrars on the basis of eligibility list prepared by arranging the names of the candidates as placed in the order of promotion dated 24-7-1995. THE petitioner claims that his seniority should be fixed according to Rule-7 of Uttar Pradesh Government Servants Seniority Rules, 1991 on the basis of his senior pay scale which he was getting of Bench Secretary Grade-1 (Rs. 3000-4500) before his promotion to the post of Assistant Registrar (Rs. 2000-4000) but he has been wrongly placed in the seniority list at much lower level than that of the officers working in lower pay scales and as such he is being denied his legal claim for promotion to the post of Deputy Registrar. THE Petitioner has made a representation on 22-6-1995 but that representation has not yet been considered and decided.

(3.) THE admitted facts are that the petitioner belonged to the category of Bench Secretary and under the amended Rules he became eligible for promotion to the post of Assistant Registrar against 20 per cent quota vis-a-vis 80 per cent quota prescribed for the Section Officers and other officers, vide notification dated 24-7-1995 when he was already getting pay of Bench Secretary Grade I (Rs. 3000-4500) with effect from 11-7-1995. It is not disputed now that immediately after this promotion to the post of Assistant Registrar, promotions to the next higher post of Deputy Registrar were also made on 24-7- 1995 and in the consequential vacancies of Assistant Registrars he was promoted at serial No. 2 of the list of five Assistant Registrars. In view of the fact that the promotions to the post of Deputy Registrars have already been made, the prayer sought by the petitioner cannot be granted. However the petitioner shall be considered for promotion in accordance with the amended Rule 22 of the Rules as and when the vacancies arise and when ho becomes eligible for such promotion on the basis of the quota fixed for the two sources from which the promotion to the post of Deputy Registrar has been prescribed.