The main legal point established in the judgment is that the requirement of two years' experience as a Section Officer for CSSS officers before promotion to Grade I in the CSS was not abolished after the 1999 amendment. Additionally, the judgment affirms the policy decision to stop lateral entry of CSSS officers into the CSS after 2008.

REKHA PALLI, J.

WP(C) No.2979/2013

1. The present writ petition assails the order dated 16.12.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.3310/2009 whereby the Tribunal has vide its common order, dismissed the OA filed by the Petitioner along with OA No.3294/2009 filed by another similarly placed person. The Petitioner had preferred the said OA, challenging the non-consideration of Grade ‘A’ and ‘B’ (merged) Stenographers of Central Secretariat Stenographers Service (hereinafter referred to as ‘CSSS’) for promotion to the post of Grade-I (Under Secretary) of the Central Secretariat Services (hereinafter referred to as ‘CSS’) during the years 2003 to 2007.

2. The facts relevant for the adjudication of the present petition are, that the Petitioner had joined the Central Government as a Stenographer Grade ‘C’ (Personal Assistant) in the Department of Personnel and Training on the basis of Stenographer Grade ‘C’ Examination 1995 conducted by the UPSC. The Petitioner there after, appeared for the Section Officers/Stenographers Grade ‘A’ and ‘B’ (merged) Limited Departmental Competitive Examination 1991 and competed for the posts of both Section Officer as well as of Stenographer Grade ‘A’ and ‘B’ (merged). The Petitioner was, however, unable to qualify for the post of Section Officer and could qualify for the post of Stenographer Grade ‘A’ and ‘B’ (merged), which he, accordingly joined and thus he belongs to the 1991 select list of Stenographers Grade ‘A’ and ‘B’ (merged).

3. The CSS and CSSS are two different services, having qualitative differences in terms of nature of work, duties, responsibilities and method of recruitment at different levels. While the CSS was constituted for ensuring continuity in policy administration in the Central Secretariat, the CSSS is meant for providing stenographic and secretarial assistance to the officers in the Central Secretariat and give them support in discharge of their duties. The promotional hierarchy of both the services is as under:-

4. The Petitioner who was in 2003 working on the post of Stenographer Grade A & B(merged) in the CSSS, was desirous of induction in the CSS by way of promotion to Grade I of the CSS. However neither the Petitioner nor any other Stenographer Grade A & B (merged) from the CSSS was considered for placement in the Select List for promotion to the Grade I of the CSS. Feeling aggrieved by his non-consideration and non-placement in the select list for promotion to the Grade-I (Under Secretary) of the CSS for the vacancies arising during the period 2003 to 2007, the Petitioner made representations seeking consideration for promotion to Grade-I(Under Secretary) in the CSS and upon rejection of his representations on the ground that, having not worked as Section Officer for 2 years he was not eligible for promotion to Grade I in the CSS, he preferred the instant OA before the Tribunal wherein he sought the following reliefs:-

“8.1 To call for the records of this case.

8.2 Declare the applicants/regular officers of Grades A and B (