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2020 Supreme(Raj) 10

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP MEHTA, ABHAY CHATURVEDI, JJ.
Madhu Arora W/o Dr.Anil Arora and ors. – Petitioners
Versus
Rajasthan High Court through its Registrar General and ors. – Respondents
D.B. Civil Writ Petition No.6958 of 2018
Decided On : 03-01-2020

Advocates Appeared:
For the Petitioner: Mr. Vikas Balia & Mr. Hemant Balani.
For the Respondent: Dr. Sachin Acharya, Dr. Nikhil Dungawat.

Headnote:

Rajasthan High Court (Condition of Service of Staff) Rules, 1953 - Rajasthan High Court Staff Service Rules, 2002 - Rule 3 – Employment and Service matter - Post of Stamp Reporter-cum-Court Fee Examiner – Promotion - Grievance raised by petitioners in this writ petition is that despite post of Stamp Reporter cum Court Fee Examiner having been placed equivalent and at par with post of Court Master by virtue of an order published in Rajasthan Gazette and corrected by Gazette errata issued in compliance of various judicial pronouncements, petitioners are being ignored from consideration for promotion to post of Assistant Registrar/Court Officer by treating their posts to be feeder posts in the channel of promotion – Held, It is clear that petitioners have not agitated their cause for a significant period of more than 10 years despite being aware of prevailing legal and factual situation - It can safely be assumed that in interregnum, numerous promotions must have taken place from different feeder posts to post of Assistant Registrar as per entitlement of the respective incumbents – Therefore there cannot be any cause to unsettle this position by applying this judgment retrospectively at this point of time more so when petitioners themselves did not agitate their cause timely before any forum without any cause or justification - Writ petition is allowed.

JUDGMENT :

MEHTA, J.

1. The petitioners herein are working on the post of Stamp Reporter-cum-Court Fee Examiner in the Rajasthan High Court. They have preferred the instant writ petition on 11.5.2018 which was subsequently amended on 3.12.2018, seeking the following relief:

“(i) the impugned order dated 07.07.2017 may kindly be quashed and set aside and the representation filed by the petitioners may kindly allowed.

(ii) the respondents authorities may kindly be directed to treat the post of Stamp Reporter cum Court Fee Examiner as feeder post for recruitment to the post of Assistant Registrar.

(ii-A) The clause 7 of the order dated 5.12.2002 issued under the rules of 2002 may kindly be amended by treating the post of Stamp Reporter & Court Fees Examiner equivalent to the post of Court Master.

(ii-B) the respondents authority may kindly be directed to make appropriate amendment in clause 4 of the order dated 05.12.2002 issued under the rules of 2002 by inserting post of Court Master by treating them equivalent to the post of Stamp Reporter cum Court Fee Examiner.

(ii-C) the respondents authority may kindly be directed to make appropriate amendment in clause 12 of the order dated 05.12.2002 issued under the rules of 2002 by inserting post Stamp Reporter cum Court Fee Examiner as feeder post for promotion/recruitment to the post of Assistant Registrar and grant the benefits to the petitioners w.e.f. 01.01.2006.

(ii-D) In the alternative and without prejudice, read Court Master as appearing in clause 12 and other clauses is including to mean Court Master/Court Fee Examiner/Stamp Reporter.

(iii) the respondents authorities may kindly be directed to determine the Inter-se-seniority amongst the Administrative Officer Judicial, Assistant Account Officer, Chief Account cum Administrative Officer Judicial, Guest House Manager-I, Court Master as well as Stamp Reporter cum Court Fee Examiner for promotion to the post of Assistant Registrar, from the date of joining on the post of Stamp Reporter cum Court Fee Examiner and with all consequential benefits.”

2. The basic grievance raised by the petitioners in this writ petition is that despite the post of Stamp Reporter cum Court Fee Examiner having been placed equivalent and at par with the post of Court Master by virtue of an order dated 30th August 2016 published in the Rajasthan Gazette dated 18th October 2016 and corrected by the Gazette errata dated 15.12.2016 issued in compliance of various judicial pronouncements, the petitioners are being ignored from consideration for promotion to the post of Assistant Registrar/Court Officer by treating their posts to be the feeder posts in the channel of promotion.

3. The writ petition came to be filed in the year 2018 whereafter, notices were issued and reply of the Rajasthan High Court was received. Another stream of employees of the Rajasthan High Court viz. Administrative Officer Judicial/Assistant Accounts Officer, Guest House Manager Gr.1, which constitute one of the feeder cadres for filling up the post of Assistant Registrar by way of promotion, moved an application (I.A. No.3596/2018) for their joinder as respondents in the writ petition, which was accepted by this Court vide order dated 3.8.2018 and those applicants were impleaded as respondents No.3 to 30 and are represented by Shri Nikhil Dungawat Advocate. Thus, a stream of employees likely to be affected by the out come of this writ petition are duly represented and have been heard in these proceedings.

4. Whilst the matter was under consideration, we directed Dr.Sachin Acharya learned counsel representing the Rajasthan High Court by order dated 7.1.2019 to have the issue re-examined on the administrative side in the expectancy that the controversy could be resolved in house and expeditiously to the satisfaction of all concerned. The case was listed on a number of dates thereafter, but the

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