LAXMI NARAIN MATHUR Vs. HIGH COURT OF JUDICATURE

JUDGEMENT

(1.) THE dispute in this writ petition is in respect to the promotion to the post of Dy. Registrar (Administration) and the channel for promotion to the aforesaid post from Assistant Registrar or Private Secretary -cum -Judgment Writer (Super -Time Scale). We may state that under order No. Estt/HC/86/30 dated April 5, 1986, the Registrar, Rajasthan High Court, Jodhpur has changed the nomenclature of the posts of Private Secretaries cum Judgment Writers (Super Time Scale) to that Private Secretaries cum Judgment Writers and the suffix Super Time Scale' has been deleted. Similarly the nomenclature of the posts of Private Secretaries cum Judgment Writers (Selection grade) and Private Secretaries cum Judgment Writers (Ordinary Scale) under the aforesaid order have been changed to Senior Personal Assistant -cum -Judgment Writers and Personal Assistant -cum. Judgment Writers respectively. The petitioner Laxmi Narain Mathur is Private Secretary -cum -Judgment Writer and his designation prior to April 5, 1986 when the aforesaid order was made, was Private Secretary cum Judgment Writer (Super Time Scale). The post of Dy. Registrar (Admn.) had fallen vacant as a result of the retirement of Tulsi Ram Soni and under the order dated January 18, 1988 (Annx. 5), Rikhab Raj Kumbhat the then Asstt. Registrar was promoted to the post of Dy Registrar with effect from the date of his taking over charge. The petitioner Laxmi Narain Mathur has challenged the aforesaid appointment by promotion of Shri Rikhab Raj Kumbhat, respondent No. 2.

(2.) IN exercise of his powers conferred by Article 229(2) of the Constitution of India, the Chief Justice of the High Court of Judicature for Rajasthan with the approval of the 'Governor' of Rajasthan, made the Rajasthan, High Court (Conditions of Service of Staff) Rules, 1953 (for short, the Rules). Under Rule 2 thereof the staff attached to the High Court shall consist of the posts specified in the second column of Schedule -I thereto. The posts of Dy. Registrar (Admn.) are the posts at S. No. 7 of the Schedule to the Rules and at S No. 10 are the posts of Private Secretaries attached to Hon'ble the Chief Justice and Hon'ble Judges (Super -time Scale). Earlier there were two posts in Super Time Scale, but by the passage of time the number of such posts has been increased and the posts of Private Secretaries and Judgment Writers to Hon'ble the Chief Justice and Judges are equal to their number. It may be stated that at S. No. 11 are the posts of Asstt. Registrars. Rule 2A of the Rules prescribes method of recruitment and one of the methods of recruitment to the posts specified in second column of Schedule -I is by promotion of a person already employed in the High Court Sub -rule (1) of Rule 2A of the Rules empowers the Chief Justice from time to time by general or special order to (a) specify the method by which the recruitment to a post or category of posts shall be made, (b) determine the proportion of vacancies to be filled by each method in case of recruitment by more than one method and (c) specify the manner in which such recruitment shall be made in the case of direct recruitment. Rule 8 is in respect of general promotions and Rule 9 is in respect of promotion to posts carrying special responsibility or requiring special qualifications. The above rules will come up for consideration at the later part of this order. Let us read those rules, they are as under:

(3.) NEITHER the Rules nor Schedule I to them lays down any criteria for promotion to the post of Dy. Registrar (Admn ). In continuation of the office order No. Estt/HC/76/52 dated February 18, 1976, and in pursuance of Rules 2A, 2B and 4A of the Rules, the Chief Justice has specified the methods by which appointments to the posts of Superintendents (Judicial and General Section), Assistant Registrar, Deputy Registrars (Administration) shall be made and seniority of the persons appointed to the posts of Asstt. Registrar and Superintendent shall be determined. It has already been said earlier that the rotation for appointment to the post of Superintendent (Judicial and General Section) under order dated February 18, 1976 was in the ratio 1:1 and it was only under the order dated January 2, 1980 (Schedule A to the writ petition) that rotation was changed in the ratio of 1:2 i.e. in the following order: