KUNJ BIHARI LAL SHARMA Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) ALL these three special appeals have been filed under Section 18 of the Rajasthan High Court Ordinance, 1949 against the judgment/order dt. 12. 8. 91, passed by learned Single Judge in S. B. Civil Writ Petition No. 3154/1989, Babu Lal Yadav vs. Rajasthan High Court and others. As all the three appeals have been filed against one judgment and as such they are decided by a common judgment.

(2.) THE brief relevant facts of the case are that the respondent Babu Lal Yadav after passing competitive test of Stenographer Grade II on 18. 9. 91, was appointed as Stenographer Gr. II for a period of three months by the District and Sessions Judge, Pali, in accordance with the Rajasthan Subordinate Civil Courts Ministerial Establishment Rules, 1958, (hereinafter referred to as 'the Rules of 1958' ). An appointment letter was also issued in this connection on 22. 1. 1982, which is Annexure 1 on the file of the writ petition. It has been mentioned in the appointment letter that the petitioner will have to pass the test of Stenographer Gr. II to be held by Rajasthan Public Service Commission, Ajmer, as required under the Rules of 1958. THE petitioner also passed the speed test under the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957. After passing the aforesaid test held by the R. P. S. C. the petitioner submitted representations for his confirmation but the petitioner was never confirmed. Under these circumstances, the petitioner after service of notice, filed a writ petition on 2. 8. 1989, praying that the respondents be directed to declare the petitioner as substantive Stenographer Gr. II and he may be confirmed under the Rules. It was further prayed that the respondents be directed to consider the petitioner for promotion to the post of Stenographer Gr. I in accordance with the Rules. THE writ petition was contested by the respondents on various grounds including the ground that unless the petitioner passes the test held by the R. P. S. C. under the Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 (for short the Rules of 1986), the petitioner can not be confirmed on the post of Stenographer Gr. II. THE learned Single Judge after hearing arguments, vide its order dated 12. 8. 91, allowed the writ petition and directed the respondents to confirm the petitioner with effect from the date the substantive post is available. THE learned Single Judge further observed in his operative portion of the order as under : - "before parting with I may say few words about the other temporary Stenographers Gr. II who have not been confirmed on the ground of their not passing the speed test to be conducted by the Public Service Commission. It is expected from the concerned authorities to now hold the said test as early as possible and if they are unable to hold such test, then, they should not be deprived from being considered for confirmation with no fault on their part. "

(3.) ON the other hand, counsel for the petitioner respondent, Mr. Ajay Rastogi drew our attention to Rule 10 of The Rajasthan Subordinate Civil Courts Ministerial Establishment Rules, 1958 (for short 'the Rules of 1958'), which reads as under : - "10. Academic Qualifications: - (1) A candidate for direct recruitment to the Stenographer's cadre - (a) must have passed the Intermediate Examination of the Rajputana University or a corresponding examination of any other University or Board established by law in India, or any other examination recognised as equivalent by the Government : Provided that a person who has been working as a Stenographer on a temporary basis in any Department of Government for at least one year on 1. 10. 57 need not have passed the Intermediate Examination. (b) must have passed a provisional speed test of 100 words per minute of short-hand and 40 words per minute in type-writing in English, or 80 words per minute of short hand and 30 words per minute in type-writing in Hindi, and during the period of probation passed the III Grade Stenographers test held by the Commission, and (c) must possess a good working knowledge of Hindi as written in Devnagari script and of Rajasthani dialects. (2) A candidate for direct recruitment to the general cadre must have passed the High School Examination of the Rajputana University or of a University or Board recognized by the Government for the purpose of this rule and must in addition possess a good working knowledge of Hindi written in Devanagri script and of Rajasthani dialects. "