RAMESH CHANDRA RAJPOOT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Process for recruitment on 17 posts of Kanistha Lipik (Junior Clerk) in the establishment of Collectorate, Jyotiba Phule Nagar was initiated vide advertisement dated August 10, 1998. The petitioner who worked as Seasonal Assistant Vasil Baqi Navis for a number of years filed a writ petition being Ramesh Chand Rajput v. State of U. P. and others, Civil Misc. Writ Petition No. 34697 of 1998, seeking issuance of a writ in the nature of certiorari quashing the proposed examination for appointment on the post of Kanishtha Lipik (Junior Clerk), inter alia, on the ground that 50% of the vacancies in the cadre of Junior Clerk ought to be filled from amongst Seasonal Assistant Vasil Baqi Navis working under the Collectorate. Reliance was placed for the petitioner on certain decisions of this Court in which it was provided that 50% vacancies in the posts of Assistant Vasil Baqi Navis ought to be filled from amongst Seasonal Assistant Vasil Baqi Navis. On behalf of the respondents, it was contended that the advertisement was not in respect of the recruitment of Assistant Vasil Baqi Navis but it related to recruitment to the post of Junior Clerks in the Collectorate. A question arose as to whether the cadre of Junior Clerk as visualised by the U. P. District Offices (Collectorate) Ministerial Service Rules, 1980, is the same as that of Assistant Vasil Baqi Navis. In view of the nature of controversy raised therein, the writ petition was disposed of with the direction upon the District Magistrate to entertain the representation that might be filed by the petitioner and dispose it of by reasoned order within a period of one month. Following the direction given by the Court, the petitioner filed a representation which came to be rejected vide order dated 5.12.1998 which is the subject-matter of impugnment in the present writ petition.

(2.) 1 have heard Sri A. P. S. Raghav for the petitioner and standing counsel representing the opposite parties.

(3.) The post of Assistant Vasil Baqi Navis is a category 'A' post recruitment to which was governed by the U. P. District Offices (Collectorates) Ministerial Service Rules, 1980 (in short Collectorate Ministerial Offices Service Rules, 1980), Rule 5 of the Collectorate Ministerial Service Rules, 1980, provides that appointment to the category 'A' posts shall be made districlwise by direct recruitment and promotion of Group 'D' employees in accordance with the provisions of Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975, as amended from time to time. The term "Ministerial Staff" as defined in Rule 4 (g) of the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975, refers to the clerical staff of the subordinate offices which is required to be appointed by direct recruitment. According to Rule 7 of the said Rules, recruitment to the lowest grade of ministerial staff in a subordinate office was required to be made by direct recruitment through the selection committee referred to in Rule 6 of Rules on the basis of academic and other attainments as provided in Rule 12 : Provided that up to 10 per cent of the vacancies in a particular subordinate office may be filled by the appointing authority by promotion from amongst High School pass Class IV employees of that office in accordance with the orders of Government issued from time to time. The expression Group "D" employees in Rule 5 of the Collectorate Ministerial Offices Service Rules 1980 refers to class IV employees in the district offices. Thus, a conjoint reading of the Subordinate Offices Ministerial Service Rules, 1975 and the Collectorate Ministerial Offices Service Rules. 1980 would lead to the conclusion that recruitment to category 'A' posts which comprise of the lowest grade of ministerial staff shall be made by direct recruitment and promotion to the extent of a given percentage from amongst Class IV employees working in the district offices. Post of Assistant Vasil Baqi Navis is as stated Supra is one of the category 'A' posts which includes among other the post of Junior Clerk. It would thus appear that the posts of Junior Clerk and those of Assistant Vasil Baqi Navis are the posts of equal rank and grade. The view taken by the District Magistrate in the impugned order dated 5.12.1998 that there is no separate post of Assistant Vasil Baqi Navis in the Collectorate establishment, therefore, does not appear to be correct being contrary to the express stipulation in Rule 5 of the Collectorate Ministerial Offices Service Rules. 1980.