DINESH CHANDRA KHARE Vs. STATE OF U P

JUDGEMENT

(1.) RULE 5E read with RULE 18 of Uttar Pradesh District Offices (Collectorates) Ministerial Service RULEs, 1980, has been sought to be declared ultra vires to Articles 14 and 16 of the Constitution, by means of this writ petition. The grounds for challenge Is that Stenographer Grade II and Grade I In Category F particularly to Stenographer Grade I are compelled to stagnate while their counterparts in Category D, were allowed promotional channel in Category-E, excluding the Stenographers.

(2.) DR. R. G. Padia, learned counsel for the petitioner contends that though the persons holding post in Category C in the scale of Rs. 250-425 being the same pay scale of Stenographer Grade II are allowed promotion to Category D in the scale of Rs. 280-460 while Stenographer Grade II allowed promotion to the Stenographer Grade I in the pay scale of Rs. 300-500 while those in Category-D have scope of further promotion available to Category-E In the scale of Rs. 450-700. Whereas no further promotional channel is open and available to Stenographer Grade I. He also points out that a person in Category A has promotional channel open in Category B, then Category C followed by Category D and E. In those cases, as many as there are four promotional channel higher up. Whereas Stenographer Grade I which may be filled up even by direct recruitment does not have any further scope for promotion, whereas Stenographer Grade II has only one channel to Stenographer Grade I. According to him even from Category C there are two promotional channels open, whereas Stenographer Grade II has only one promotional channel open to them. On these grounds he contends that Rule 5 Category E providing promotional scope only to Category D filled up by promotion from Category C excluding Category F is ultra vires. In as much as the persons holding the post of Category F have been allowed stagnate without further promotion which is wholly discriminatory.

(3.) A comparison of the said two Rules show that the said Civil Supplies Rule in Rule 5 provides for promotion to the Post of Inspector by direct recruitment and through promotion from amongst permanent Head Clerks, permanent Accountant, whereas promotion to the post of Senior Inspector was provided by direct recruitment and by promotion from amongst permanent Inspectors and the ratio was fixed at fifty per cent of each categories. For the purposes of promotion to the post of Inspectors and Senior Inspectors, Stenographers of the said department were thoroughly excluded. Similarly in the Collectorate Rules, Category E posts are to be filled up by promotion from amongst permanent incumbents of the posts in Category D excluding the Stenographers in Category F. Thus there appears to be an identity of commonness In the feature of both the Rules in the matter of exclusion of Stenographer for being promoted in the respective higher posts.