LAWS(JHAR)-2008-8-179

KARU PRASAD YADAV Vs. STATE OF JHARKHAND

Decided On August 13, 2008
Karu Prasad Yadav Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Petitioner in this writ application has prayed for an order for quashing the order dated 15.3.2007 communicated to the petitioner through Memo No. 5/Nyayalay -01/2007 Ka. 1342/Ranchi dated 16th March, 2007, whereby his representation for his upgradation in the Grade of Personal Assistant has been rejected. A further prayer has been made for an order directing and commanding upon the Respondents to forthwith upgrade the petitioner to the Grade of Personal Assistant in the light of the Resolution vide Memorandum dated 10th July, 1979, issued by the Principal Secretary to the Government, Government of Bihar, Patna and to give the benefits consequential thereto

(2.) THE petitioner was appointed as a Stenograph8r on 1.2.1973 in the Town Planning Department at Ranchi. He was later confirmed in the post under the Town Planning Office.

(3.) COUNTER affidavit has been filed on behalf of the Respondents, denying and disputing the claim of the petitioner. The stand taken by the Respondents is that the Resolution dated 10.7.1979 and the Circular dated 18.9.1990, issued by the Department of Personnel and Administrative Reforms and the Rajbhasha, Government of Bihar, Patna, does not apply to the petitioner. It is explained that the Circular dated 18.9.1990 prohibits further creation of posts of Stenographers in the Secretariat and its attached Offices and the appointments made against these posts. However, the Circular does not prohibit the creation and appointment of persons in such posts in Mufassil or Regional Offices. It is contended that the petitioner was appointed against the posts created for Regional Office and as such, the Resolution dated 10.7.1979, which was communicated to the concerned Departments vide Letter dated 1.1.1998 by the Department of Personnel and Administrative Reforms and the Rajbhasha, relates only to Steno -Typists and Stenographers of the Secretariat and its attached Offices. The petitioner, who was appointed and belongs to the Regional Cadre and not to the Secretariat and attached Cadre, cannot claim the benefit of the Resolution dated 10.7.1979. It is further stated that there are two cadres of Stenographers, one for the Secretariat and the attached Offices and the other for the Regional or Mufassil Offices. Whereas in the Secretariat and the attached Offices the posts of Steno -Typist or Stenographer was abolished and they were absorbed in the Personal Assistant cadre but no decision was taken with regard to Stenographers working in the Regional Offices.