LAISHRAM RANDHONI Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) This writ application has been filed by an employee of the High Court at Imphal Bench. The petitioner is now working as Superintendent (Library) at Imphal Bench of the Gauhati High Court. The petitioner passed B. A. in the year 1975 and she obtained degree in Bachelor of Library and Information Science in the year 1981 from Pune University. An advertisement was made by the respondents for filling up of the post of Assistant Librarian from amongst the trained candidates. After written test held on 23.11.1981 followed by oral interview the petitioner was selected by the High Court by an order dated 16.12.1981. Pursuant to the selection and appointment the petitioner joined as Assistant Librarian on 23.12.1981 and she was confirmed in that post vide order dated 22.04.1983 with effect from 23.12.1982.

(2.) I have heard learned counsel of all the parties.

(3.) The service of both gazetted and non- gazetted staff of the Gauhati High Court are governed by the Gauhati High Court Rules, 1967 (hereinafter referred to as 'the Rules'). The authority after taking into account the increase of work load in the Library of the Imphal Bench requested the Chief Justice for creation of a post of Librarian-cum-Research Officer for the Imphal Bench as was available in the other Outlying Benches as well as in the Principal Seat and that letter is Annexure-A- 3. After due consideration the post of Librarian-cum-Research Officer was created for the Imphal Bench by letter dated 6.1.1992. At that time the qualification prescribed by the Rules for the post of Librarian-cum- Research Officer was only a degree with diploma in Library Science. This qualification later on was substituted by adding Degree in law with Degree or Diploma in Library Science with suitable experience by correction slip No. 106 which was notified on 2.5.1992. Curiously enough, before the aforesaid correction slip was issued and after the creation of the post an advertisement was made on 28.3.1992 by the Registrar of Imphal Bench inviting applicants having Degree in law with a Diploma or Degree in Library Science with suitable experience. It is not understood how this could be done inasmuch as the qualification was laid down in the Rules and the Rules were not amended at that point of time. Be that as it may, as no candidate was available with the qualification prescribed in the advertisement no interview was held. The petitioner was promoted as Superintendent (Library) by an order dated 15.6.1992. All along the petitioner has been working in the Library and it is claimed that she is technically qualified person- in the Library of the Imphal Bench. As the post was not filled up inspite of creation, the petitioner submitted a representation on 3.8.1993 to the Chief Justice of the Gauhati High Court for consideration of her promotion to the said post. Another Notification was issued on. 1.9.1994 in the same line to the earlier advertisement but no interview could be held as no candidate with the newly prescribed qualification was available and as such the post remains unfilled despite two advertisements. Another representation dated 1.10.1994 was submitted by the petitioner for consideration of her case for promotion to the post and even a prayer was made to exercise the discretionary power of the Chief Justice as provided in the Rule 63-A of the Rules. This representation was also not disposed of.