IMPORTANT POINT
Rule 14 of J & K Civil Services (Decentralization of and Recruitment to Non-Gazetted Cadres) Rules, 1969 gives specific power to J & K Government to relax the Recruitment Rules in cases of undue hardship, either in particular case or class of cases and that this power is excercised for justifiable reasons in this case for promotion to post of Senior Scale Stenographers to the appellants who were permanent Junior Scale Stenographers in the Secretariat.

Headnote:SERVICE JURISPRUDENCE -Power to relax Recruitment Rules made under Art. 303 of Constitution (=124 of J & K Constitution)-Is conferred upon the Government to meet any emergent situation where injustice might be caused to any employee or where working of the Rule might have become impossible - Appellants, permanent Junior Scale Stenographers in the Secretariat-Promotion to post of Senior Scale Stenographers-Topping List-Nearest to the prescribed standard-Relaxation of Rules by State Government in their case-High Court setting aside relaxation recommendation in writ-Whether correct? (No)-Appeal allowed. (J & K Secretariat (Subordinate) Services Recruitment Rules 1972 and J & K Civil Services (Decentralization of and Recruitment to Non-Gazetted Cadres) Rules, 1969). (Para 26)
       Held (In view of Rule 14 of 1969 Rules and Justifiable Reason to relax the Rule and the case Law) the Government can exercise the power to relax the Rules in all those cases in which hardship is caused in the implementation of those Rules to meet a particular situation or where injustice has been caused to either individual employee or class of employees. Of course, this power cannot be exercised capriciously or arbitrarily to give undue advantage or favour to an individual employee. (Para 30)
       Since power to relax the Rule was available to the Government and since, on a scrutiny of facts of this case, we are satisfied that the power to relax the standard prescribed for promotion to the post of Senior Scale Stenographer was properly exercised so that the appellants, who topped the list of 26 candidates, recommended by the State Recruitment Board for promotion by relaxing the Rules as they were nearest to the prescribed standard, may be promoted to the posts on which persons who were far below in merit, and even those who had failed in the test, had already been promoted as Senior Scale Stenographers, the order dated 19.12.86 by which appellants were promoted has to be upheld as valid and properly passed by the State Government. (Para 31)
       Consequently held : The appeal is consequently allowed and the judgments of the Single Judge as also of the Division Bench are set aside and Writ Petition No. 101 of 1987 is dismissed with the observation that the appellants shall be treated to have been promoted to the posts of Senior Scale Stenographers on the basis of the order of the State Government dated 19.12.86. There will be no order as to costs. (Para 32)

JUDGMENT

S. Saghir Ahmad, J.-The appellants as also respondents 2 to 7 were permanent Junior Scale Stenographers in the Secretariat and other Government Departments. For promotion to the post of Senior Scale Stenographer, they were required to possess a speed of 80 words per minute in shorthand and 40 words per minute in typewriting. They could not attain that standard, but the spate of litigation filed by them against each other in quick succession, did really match their speed, whatever it be, in shorthand and typewriting. Without showing signs of fatigue and breathlessness, they started the litigation in 1984 and now in 1998 they seem to be, today, at the end of the litigative race.

2. Promotion from Junior Scale Stenographers to the Senior Scale Stenographers are made in terms of the Rules known as " J & K Secretariat (Subordinate) Service Recruitment Rules, 1972" made by the State Government in exercise of its power under the Proviso to Section 124 of the Constitution of Jammu & Kashmir. Rule 5(1)(B) thereof, relating to the method of appointment/recruitment to the post of Senior Scale Stenographers, originally provided as under :

"Senior Scale Stenographers (340-700) :

(i) 75% by selection from class II category B having not less than 3 years service in that category and on the basis of a test in shorthand and typewriting for which minimum speed should be 80 to 40 words per minute respectively :

Provided that in the case of such Junior Scale Stenographers of the Civil Secretariat as have attained the age of fifty years or above, the Government may consider, on individual basis and with due regard to merit, seniority and suitability, their appointment to the posts of Senior Scale Stenographers without appearing in the prescribed test.

(ii) 25% by direct recruitment from the in-service candidates having not less than 5 years service in the category of Junior Stenographers and on the basis of a test in shorthand and typewriting for which the minimum speed should be 80 and 40 words per minute respectively.

3. In 1984, a number of vacancies in the cadre of Senior Scale Stenographer were available. Since the Rule contemplated a test for the selection of suitable candidates for appointment as Senior Scale Stenographer, a requisition was sent by the State Government to the State Recruitment Board constituted under the J & K Civil Services (Decentralised & Recruitment to Non-Gazetted Cadres) Rules, 1969 to hold the test.

4. Out of 100 candidates drawn from Secretariat and other Government departments, who were called for the test held on 4.12.1984, only 78 appeared in the test of which the result was communicated to the Government by the Secretary of the State Recruitment Board on 2.1.1985, indicating that only six had qualified in the test as they alone were found to possess a speed of 80 words per minute in shorthand and 40 words per minute in typewriting. The names of those six candidates were consequently recommended for appointment as Senior Scale Stenographer. The Recruitment Board, however, made a further recommendation as under.

"Since the number of available vacancies in the discussions held with the Deputy Secretary General Department is far greater than the number intimated earlier by the General Department, the State Recruitment Board would suggest that 26 candidates (listed in annexure to this letter in order of merit) who are nearer to the prescribed standard may also be considered for appointment as Senior Scale Stenographers in relaxation prescribed standard against the available vacancies."

5. The Board suggested the names of 26 more candidates whose performance (Between 71 to 79 words per minute in shorthand) was found to be nearest to the prescribed standard for their appointment as Senior Scale Stenographers by relaxing the standard prescribed under the Rules.

6. The State Government considered the matter, but, although it appointment the six persons who h

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1998 Supreme(SC) 49

Cases Referred (3)