SURESH PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged Annexure-22 order dated 16.11.93, Annexure-24 order dated 17.11.93, Annexuire-29 order dated 12.11.94, Annexure-30 order dated 26.11.93 and prayed for issuance of a Writ of Certiorari for quashing the said orders and also for a writ of Mandamus directing the respondents to recall, cancefor otherwise forbear from giving effect to Annexure-22, 29, 30 orders dated 1)5.11.93, 12.11.94 and 26.11.93 respectively.

(2.) The case of the petitioner may be stated as follows : Petitioner at the relevant time was a Senior Grade Stenographer (Selection Grade Private Secretary) of this Court. Pursuant to an advertisement issued by the Principal Bench of the Central Administrative Tribunal (for short 'the Tribunal') for appointment of Private Secretaries in different Bench of the Tribunal, the petitioner applied for the post giving his preference of posting in the Patna Bench of the Tribunal. He made the application through proper channel and this Court forwarded the said application. He was selected for the post. His services, thereafter, were placed at the disposal of the Tribunal for appointment as Private Secretary in the Patna Bench of the Tribunal for a period of one year with effect from 1.12.89. He joined the Patna Bench of the Tribunal on 11.12.89. The petitioner, thereafter submitted an application dated 25.4.90 to the Principal Bench for his appointment to the post of Deputy Registrar of the Gauhati Bench of the Tribunal. He was, however, not found to the qualified; he not being a Law Graduate. However, he was asked to seek absorption in the post of Section Officer or Private Secretary in the Tribunal so that he could be considered for promotion to the post of Deputy Registrar. Petitioner accordingly, applied for absorption in the post of Private Secretary. His application was forwarded by the Deputy Registrar, Patna Bench to the Registrar (Administration), Gauhati High Court. Simultaneously Registrar (Admn) Gauhati High Court was also requested to issue "No Objection Certificate" and to forward Annual Confidential Reports of the petitioner to the Principal Bench directly.

(3.) On consideration of the case of the petitioner it was found that the post of Private Secretary in the Bench was lower than the post of Selection Grade Private Secretary which he was holding and his absorption was not permissible under the Rules. On Representation, however, the then Vice Chairman, Gauhati Bench recommended the case of the petitioner to the Government of India for appointment to the post of Deputy Registrar, Gauhati Bench of the Tribunal. Government of India considered the case of the petitioner and thereafter he was appointed Deputy Registrar, by Annexure-5 letter dated 21.9.9) initially for a period of one year with effect from the date he took over charge. The petitioner joined Gauhati Bench of the Tribunal on 5.11.90. The Deputy Registrar, Patna Bench of the Tribunal requested the Registry of this Court to send 'No Objection Certification' and also to extend the term of deputation for another year w.e.f. 1.12.90.