J KRISHNA SARMA Vs. J C SAXENA

JUDGEMENT

(1.) J. Krishna Sarma an Assistaat Registrar in the Andhra Pradesh High Court, is the appellant in this writ appeal preferred against the order of our learned brother Raghuvir, J., in W.P. No. 2285 of 1979 under which the appointment of the appellant as Assistant Registrar made by the Chief Justice of the High Court on July 17, 1978 was quashed.

(2.) The facts giving rise to the writ petition may be shortly stated :- The appellant was a practising Advocate for over 9 years in the High Court. He was Law Reporter for ILR, Andhra Praderh Series for 5 years from 3-12-1968. Ha was appointed to the High Court Service as Bench Clerk on 5-12-1968 in Category 3 (a) (ii) of Division II of the Andhra Pradesh High Court Service. From 1969 onwards he was working as Judicial Indexer. In the combined seniority list of Appeal Examiners, Bench Clerks, Superintendents and Head Accountant prepared on 27-10-1969 the Sl. No. of the appellant was 87.

(3.) In 1975 the Chief Justice in exercise of the powers conferred under Article 229 (1) of the Constitution made rules known as the Andhra Pradesh High Court Service Rules, 1975 (hereinafter referred to as the Rules') regulating the method and other conditions of service of the members of the High Court service in supersession of the existing Rules on the subject. These rules came into force from 1-1-1974. Under Rule 3 of the Rules, the constitution of the Service shall consist of 3 Divisions. Division I consists of Gazetted posts and Division II consists Non-gazetted posts and Division III Miscellaneous Posts. The Divisions are further divided into categories. Division I is divided into 6 categories. The post of a Bench Clerk to which the appellant-was appointed is redesignated under the Rules as Court Officer in Category V of Division I. The post of an Assistant Registrar is placed in Category IV of Division I. For all categories of posts in Division I, the Chief Jusiice is the appointing autnority. The method of appointment to Category IV under Rule (5) is by promotion from categories 5 to 6 or by transfer from among the members of the category of District Munsifs of the Andhra Pradesh State Judicial Service on tenure basis, or by direct recruitment. It is common ground that the post of an Assistant Registrar is a Selection Post. Selection is made on the basis of merit and ability.