CSSS GAZETTED OFFICERS ASSOCIATION REPRESENTED THROUGH ITS PRESIDENT, R.S. RAWAT S/O LATE SH. J.S. RAWAT, Vs. UNION OF INDIA (UOI) THROUGH ITS SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, DEPARTMENT OF PERSONNELAND TRAINING, GOVERNMENT OF INDIA AND ORS.

JUDGEMENT

(1.) THE present application filed by CSSS Gazetted Officers Association represented through its President and two other Private Secretaries is directed against DOP&T Order No. 21/41/2005 -CS.I dated 29.07.2005 (Annexure -A) passed by the respondents whereby the following decision has been taken:

(2.) AS it transpires from the facts of the case, the Members of the Association are Private Secretaries (PS) (Gazetted Officers) working in the different Ministries/Departments of Government of India belonging to Group -A & B (merged). It is stated that the services rendered by these officers are of great significance as they not only assist the senior Bureaucrats in discharging their public duty and various constitutional obligations and functions, but also help in maintaining their busy schedule and appointments. The duties of PSs are multi dimensional, more strenuous besides having additional professional skill of shorthand writing.

(3.) APPLICANTS Association has been continuously representing to the Government of India (Ministry of Personnel), which is the Administrative Ministry for both the CSS and CSSS cadre. However, the Government of India, instead of redressing the grievances of the applicant particularly with regard to acute stagnation, passed an order dated 29.07.2005 much to the detriment of the interest of CSSS officers. By the said order, which is impugned in the OA, even the existing little prospect for promotion of PSs to the cadre of CSS at the level of Under Secretary through lateral entry, which has been in practice for about 40 years has been jeopardized. The said order is an executive order, which cannot prevail over the statutory rules, which provide lateral entry of CSSS officers into Grade -I of CSS. Hence, the impugned order is repugnant to the CSS Rules, 1962, particularly, Sub -rule (2) of R.12 and R.10.