MEHFOOZ AHMAD Vs. HIGH COURT OF M.P.

JUDGEMENT

(1.) Challenge is made to the orders dated 11/14/8/2016, 14/10/2016 and 26/8/2017 whereby the respondent No.2 has been promoted on the post of Assistant Registrar in the pay scale of Rs.15600.0039100 + Grade Pay Rs.5400.00 ignoring the merit qualification and seniority of the petitioner over and above the respondent No.2. The petitioner has further challenged the promotion of the respondent No.2 on the ground that respondent No.2 is not having a minimum qualification as required for appointment for the post of feeder cadre and the petitioner was senior from the very inception, thus he could not have been superseded.

(2.) It is the case of the petitioner that he was initially appointed as a Stenographer w.e.f. 25/3/1985 in District Court, Chhindwara and he was appointed in the High Court of Madhya Pradesh vide order dtd. 6/1/1988 on the post of Personal Assistant. In pursuance to the same he joined on 19/1/1988. He was promoted to the post of Private Secretary on 6/5/1996. The respondent No.2 was initially appointed w.e.f. 10/11/1986. He was holding the qualification of Higher Secondary School Certificate and was placed below the petitioner in the gradation list of his cadre. The seniority of the petitioner in the cadre of Private Secretary always remained over and above the respondent No.2.

(3.) High Court of Madhya Pradesh (Officers and Employee Recruitment and Condition of Service Classification of Appeal and Conduct) Rules, 1996 {hereinafter referred to as "Rules of 1996"} came into force on 1/4/1996 and was applicable to the case of the petitioner as well as respondent No.2 which provides for method of recruitment, qualification, eligibility and procedure for promotion. In terms of Part IV of the aforesaid Rules, the post of Private Secretary is to be filled up by promotion from amongst the Personal Assistants on merit-cumseniority basis, if necessary by direct recruitment. The qualification prescribed in Rule 9 for the post of Private Secretaries is Graduate from a recognised University, qualified in English Shorthand from a recognized Board with a speed of 100 words per minute and preference to Graduation in Law. It is pointed out that even for the post of Personal Assistant and Stenographer which are feeder cadre to the Private Secretary, the minimum qualification is Graduate and Shorthand. The respondent No.2 is holding the qualification of Higher Secondary pass. He was not even Graduate and having a qualification of Shorthand. However, he has been promoted along with the petitioner for the post of Private Secretary vide order dtd. 6/5/1996.