DESH RAJ SOOD Vs. CHIEF JUSTICE

JUDGEMENT

(1.) Petitioner who is presently working as Secretary in the Registry of this Court since 4.7.1995 has filed this writ petition for the grant of following relief's:

(2.) He initially joined as Clerk in the Court of District Judge, Kangra. After his selection, he was appointed as Senior Scale Stenographer in the Registry of this Court on 22.11.1984. In course of time, he was promoted to different posts. And as already noted presently he is working as Secretary. According to him, being eligible for promotion to the post of Deputy Registrar in accordance with the High Court of Himachal Pradesh (Recruitment, Conditions of Service and Conduct) Rules, 1997 (here in after referred as 1997 Rules), he has thus prayed for the grant of aforesaid relief's. In order to properly understand the contentions urged on behalf of the parties at the time of hearing of this writ petition by the learned Counsel, it is necessary to notice a few facts.

(3.) As per Schedule III of 1997 Rules, Post of Deputy Registrar finds mention at Sr. No. 7. This Schedule was amended with effect from 22.7.2000. For ready reference entry No. 7 of this Schedule as it stood prior to its amendment and thereafter, both are extracted here in below: ------------------------------------------------------------------------------------------------------------ Sr. No. Name of Post Classification. Method of recruitment qualification for the post/grade from which pro- motion is to be made ------------------------------------------------------------------------------------------------------------ 7. Deputy Registrar. Gazetted Class-I The Post of Deputy Registrar shall be filled in by selection from amongst the Assistant Registrars, Court Secre- taries, Secretaries having at least five years service as such and from Mar- riage Counselor having at least 10 years service as such in the ratio of 50% (Assistant Registrars and Mar- riage Counselor ) and 50% (Secretar- ies and Court Secretaries. Note:-The promotions made under the repealed rules will be taken into account for the purpose of above ratio. Amendment Made on 22.7.2000 7. Deputy Registrar. Gazetted Class-I By selection from amongst the Assistant Registrars, Secretaries and Court Secretaries by rotation having atleast five years service as such. ------------------------------------------------------------------------------------------------------------