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Karnataka High Court
M.G.MAHESHWARA RAO - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 06-18-02
W.P. : 16143 of 1997
R. V. RAVEENDRAN, J. - Recruitment Rules - Rule 1 (3) - Karnataka Administrative Tribunal (Recruitment) Rules, 1993 - The court discussed the method of recruitment and minimum qualifications for the posts of Assistant Registrar, Personal Secretary-cum-Judgment Writer, Personal Secretary to Registrar, and Junior Judgment Writers. The court declared that the 'amendment' made by the Karnataka Administrative Tribunal to the Recruitment Rules by deleting certain portions of minimum qualifications for the post of Junior Judgment Writers is not valid. The provision for educational qualification for 'Personal Secretary-cum-Judgment Writer' should be read in a manner that only persons who can be promoted as Junior Judgment Writers can be promoted as Personal Secretary-cum-Judgment Writers. The court quashed the promotions of certain individuals as Personal Secretary-cum-Judgment Writers and Junior Judgment Writers, but no recovery shall be made from the salaries paid to them during their tenure in these positions.
Fact of the Case:
The petitioners challenged the order of the Tribunal dated 6-7-1994 in Jagadeesha's case, which amended the Recruitment Rules, and the promotions given to respondents 3 to 12 as per orders dated 11-8-1994 and 7-1-1995. The petitioners contended that the Tribunal had no power to modify the educational qualifications prescribed under the rules for promotion to the cadre of Junior Judgment Writers and had also no power to amend the method of recruitment provided in the Rules for the post of Personal Secretary-cum-Judgment Writer. The respondents resisted the applications on the grounds of locus standi, maintainability, and validity of the Tribunal's decision.
Finding of the Court:
The court held that the 'amendment' made by the Tribunal to the Recruitment Rules is not valid and quashed the promotions of certain individuals as Personal Secretary-cum-Judgment Writers and Junior Judgment Writers. The court also declared that no recovery shall be made from the salaries paid to them during their tenure in these positions. The court reserved liberty to the affected employees to give representations to the Rule Making Authority for rationalization of the Recruitment Rules by removing the anomalies and directed the second respondent to redo the combined gradation list of Section Officer/court Officer/personal Secretary-cum-Judgment writers/personal Secretary to Registrar within four months from the date of receipt of this order.
Issues: The issues involved in the case were the validity of the 'amendment' made by the Tribunal to the Recruitment Rules, the promotions given to respondents 3 to 12, and the locus standi and maintainability of the applications filed by the petitioners.
Ratio Decidendi: The court held that the 'amendment' made by the Tribunal to the Recruitment Rules is not valid and quashed the promotions of certain individuals as Personal Secretary-cum-Judgment Writers and Junior Judgment Writers. The court also declared that no recovery shall be made from the salaries paid to them during their tenure in these positions. The court reserved liberty to the affected employees to give representations to the Rule Making Authority for rationalization of the Recruitment Rules by removing the anomalies and directed the second respondent to redo the combined gradation list of Section Officer/court Officer/personal Secretary-cum-Judgment writers/personal Secretary to Registrar within four months from the date of receipt of this order.
( 1 ) PETITIONERS 1 to 3 herein were the applicants 1, 2 and 6 in Application nos. 3582 to 3592 of 1995 and petitioner 4 herein was applicant 3 in application Nos. 3987 to 3995 of 1995, before the Karnataka Administrative tribunal. The respondents 1 to 12 herein were the common respondents in the said two sets of applications before the Tribunal.
( 2 ) IT is stated that petitioners 1 and 2 are working as Senior Assistants, petitioner 4 is working as Assistant and petitioner 3 is working as junior Assistant in Karnataka Administrative Tribunal ('kat for short ). According to petitioners, there are two feeder channels cadres to the post of Assistant Registrars. One is the hierarchy from Junior Assistant - assistant - Senior Assistant - Section Officer/court Officer to assistant Registrar. The other is Typist - Stenographer - Junior Judgment writer - Personal Secretary-cum-Judgment Writer/personal Secretary to Registrar to Assistant Registrar. The posts of Junior Assistant and Typist were in the pay scale of Rs. 1040-1900; the posts of Assistants and Stenographers were in the pay scale of Rs. 1400-2675; the posts of Senior Assistants and Junior Judgment Writers were in the pay scale of Rs. 1720-3330; and the posts of Section Officer/court Officers and Personal Secretary-cum-Judgment Writer/personal Secretary to registrar were in the pay scale of Rs. 2050-3950. There is a combined seniority list of Section Officers/court Officers and Personal Secretary-cum-Judgment writer/personal Secretary to Registrar from which promotion is made to the cadre of Assistant Registrars.
( 3 ) THE method of recruitment and the minimum qualifications for recruitment to several cadres in the KAT are prescribed by the Karnataka administrative Tribunal (Recruitment) Rules, 1993, which came into force on 3-6-1993 ('recruitment Rules' for short ). Rule 1 (3) of the said Rules provides that in respect of each category of posts, specified in column (1) of the schedule thereto, the method of recruitment and minimum qualification shall be as specified in the corresponding entries in columns (2) and (3) of the said schedule. We extract below the relevant portions of the schedule to the rules prescribing" the method of recruitment and minimum qualifications for the posts of Assistant Registrar, personal Secretary-cum-Judgment Writer (PS-cum-Judgment Writer), personal Secretary to Registrar (PS to Registrar) and Junior Judgment writers (Jr. Judgment Writers ).
Category of post
Method of recruitment
Minimum qualification
Assistant Registrar
By promotion from the cadre of Section
Officer, Court Officer, Personal Secretary (Judgment Writer), Personal Secretary to the Registrar on the basis of combined seniority, seniority
being determined in
the basis of length of
service in the respective cadres. XXX XXX XXX
For promotion.
(1) Must be holder of a Degree in law.
(2) Must have put in a
service of not less
than five years in the
cadre specified in
column (2):
(3) Provided that if
Persons who have put
In a minimum service
Of five years are not
Available, a person
who has put in three
Years of service in the cadre specified in
Column (2) may be
Considered for
Promotion.
Personal Secretary-
Cum-Judgment Writer
By promotion from the cadre of Junior
Judgment Writers or
Stenographers
For promotion.
(1) Must have passed
Senior Typewriting
and Senior Shorthand
examination in
English and Kannada
conducted by the
Department of Public
Instruction or a
Diploma in Secretarial
Practice in English
and Kannada granted
by the Board of
Technical Education
in Karnataka or
possesses an
equivalent
qualification.
(2) Must have put in a
service of not less
than three years in
the cadre of Junior
Judgment Writers or
Stenographers.
Personal Secretary to the Registrar
By promotion from the cadre of Stenographers
For promotion. (1)
Same as what is
prescribed for
Personal Secretary-
cum-Judgment Writer
(2) Must have put in a
service of not less
than five years in the
cadre of Steno
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