HIGH COURT OF JUDICATURE Vs. RAJ KUMAR

JUDGEMENT

(1.) RESPONDENT No. 1 in these appeals is Upper Division Assistant and Respondents No. 2 to 9 are Lower Division Assistants in the establishment of the High Court at Allahabad. They filed Writ Petition No. 1834 of 1991 before this Court for writ of mandamus, commanding the Hon'ble Chief Justice and the Registrar of the High Court to extend the benefits of reservation in the matter of promotions to them, who are members of Scheduled Castes and Scheduled Tribes. Promotions with retrospective effect on the basis of reservation were also claimed. This writ petition was allowed by the learned single Judge on 10.10.1991. directing the Respondents therein, namely, Hon'ble Chief Justice and the Registrar of the High Court to extend the benefits of reservation in the matter of promotions to various categories of Class HI and Class IV posts. Further direction to Hon'ble Chief Justice to issue an order under Rule 23 of the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 extending the benefits of reservation to the members of Scheduled Castes and Scheduled Tribes in the matter of recruitment to Class I and Class II posts was also issued. Being aggrieved by the said judgment of the learned single Judge, the High Court has filed Special Appeal No. 115 of 1991. Against the same judgment of the learned Judge, Special Appeal No. 110 of 1991 has been filed by five employees of the High Court. The third Special Appeal No, 111 of 1991 has also been filed by twenty five other employees of this Court. All these appeals were admitted and have been consolidated. This Court has also passed an interim order on 28.10.1991 in Special Appeal No 110 of 1991, staying the operation of the aforesaid judgment of the learned single Judge.

(2.) THE Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 (hereinafter referred to as the Rules) have been framed by the Hon'ble Chief Justice in exercise of powers conferred by Clause (2) of Article 229 of the Constitution of India. These rules have laid down the strength of the establishment of the court, source, modes and method of recruitment to various posts in Classes I, II, III and IV. Rule 23, which contains the provisions for reservation is reproduced below:

(3.) WE have heard the learned Counsel for the parties.