Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 350

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Rajesh Vyas S/o Shri Murli Dhar Vyas – Appellant
Versus
Districts And Sessions Court, Jodhpur
S.B. Civil Writ Petition No. 5239/2018, S.B. Civil Writ Petition No. 14930/2018, S.B. Civil Writ Petition No. 15348 of 2018, S.B. Civil Writ Petition No. 3994 of 2019, S.B. Civil Writ Petition No. 3966 of 2019, S.B. Civil Writ Petition No. 4450 of 2019, S.B. Civil Writ Petition No. 4599 of 2019, S.B. Civil Writ Petition No. 5038 of 2019, S.B. Civil Writ Petition No. 6493 of 2019, S.B. Civil Writ Petition No. 6725 of 2019, S.B. Civil Writ Petition No. 7493 of 2019, S.B. Civil Writ Petition No. 15331 of 2019, S.B. Civil Writ Petition No. 18837 of 2019
Decided on : 24-01-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. Ankur Mathur Mr. Dheerendra Singh Sodha Mr. M.S. Godara Mr. Harish Kumar Purohit Mr. Baljinder Singh Sandhu Mr. Rakesh Arora with Mr. Naresh Singh Mr. Sushil Bishnoi
For the Respondent: Mr. Sandeep Shah, AAG Mr. Chandra Shekhar Kotwani Mr. Ashok Soni Mr. Rajesh Shah

Point of Law: Rule 14(v) of Rules of 1986, pre-amendment and post amendment, reads as Promotion.

Headnote:
Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 - Rule 27, 14, (v), 5 - Constitution of India, 1950 - Article 309 - Promotion to post - Eligibility - Restrained from including Stenographers - Respondents may kindly be restrained from including Stenographers Gr.I and E.A. cum P.A. in zone of eligibility for promotion to post in DPC going to be convened in year and subsequent years – Actions were taken by officials respondents, while keeping into due consideration position of Rules in vogue - Para 18.
Finding of the Court:
On count of Stenographer Grade-I having become eligible/included in exercise in question, also deserves dismissal, because once Stenographer Grade-I either becomes eligible or falls within zone of consideration for promotion, to post of Senior Munsarim, looking to their merit as per Rules, then consequential and automatic reversion/ exclusion of other persons concerned, would be justified - While keeping into due consideration position of Rules in vogue, as also tenets of law governing field pertaining issues in question; this Court also finds that such actions were taken by official respondents, after due consideration of material as available in service record of concerned person(s), for said purposes - Thus, in regard to such assailments also, submissions made by learned counsel for petitioners do not weigh with this Court - Petitions do not merit acceptance.
Result: Petitions dismissed.

JUDGMENT :

1. The above-numbered S.B. Civil Writ Petitions No.18837/2019, 15348/2018, 15331/2019 & 6725/2019 have been preferred claiming, in sum and substance, the following reliefs:

(i) by an appropriate writ, order or direction, respondents may kindly be restrained from including the Stenographers Gr.I and E.A. cum P.A. in the zone of eligibility for the promotion to the post of Senior Munsarim in the DPC going to be convened in the year 2019-20 and subsequent years.

(ii) by an appropriate writ, order or direction, it may be declared that the stenographers Gr.I and E.A. cum P.A. are not eligible for promotion to the post of Senior Munsarim under Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986, and any such promotion made by the respondents no.2 may kindly be declared illegal and be quashed and set aside.

(iii) Quashment and setting aside of the promotion order to the extent of certain persons, owing to their ineligibility or otherwise for promotion to the post of Senior Munsarim, as per the Rules in vogue.

(iv) That the respondents may kindly be further directed to consider the petitioners in the zone of consideration for promotion to the post of Senior Munsarim, and to promote them if they are otherwise eligible.

(v) by an appropriate writ, order or direction, respondents may kindly be directed to include the Stenographer Gr.II and Stenographer Gr.III in the zone of consideration for promotion to the post of Senior Munsarim, only upon fulfilling the condition laid down under Rule 27 of the Rules of 1986.

(vi) that further it is prayed that record of DPC for the concerned period may be called for and be judicially reviewed.

(vii) that further it is prayed that if any proceedings/action is taken by the respondent in violation of the Rules during the pendency of the writ petition, all such proceedings/action as well as the illegal promotions may also be declared illegal and be quashed and set aside.

1.1 The genesis of the controversy raised in the aforementioned petitions is traceable to sub-rule (v) of Rule 14 Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 (hereinafter referred to as “Rules of 1986”); the said Rule 14(v) (post amendment) provides for promotion to the post of Senior Munsarim.

1.2 As reproduced in the petitions, the said Rule 14(v) of the Rules of 1986, pre-amendment and post amendment, reads as under:

Pre-amendment:

“14. Promotion-

(v) Selection for promotion to the post of Munsarim shall be made on the basis of merit alone. No person shall be appointed substantively as Munsarim unless

he has been in service for at least ten years and during that period has held the post of Upper Division Clerk or a higher post including that of “Personal Assistant and Stenographers” for at least five years and has passed the Departmental Examinations of Munsarim according to the syllabus and instructions given in Schedule IV.”

Post amendment:

“14. Promotion-

(v) Selection for promotion to the post of Senior Munsarim shall be made on the basis of merit alone. No person shall be appointed substantively as Senior Munsarim unless he has been in service for at least ten years and during that period has held the post of Clerk Gr.I or a higher post including that of Stenographer Grade II and Stenographer Gr. III at least five years and has passed the Departmental Examinations of Senior Munsarim according to the syllabus and instructions given in Schedule IV.”

2. While in the other petitions, above-numbered, (i) the petitioners are aggrieved by their reversion from the post of Senior Munsarim to that of the post held by them prior to their promotion as Senior Munsarim; (ii) some of the petitioners are aggrieved by their non-consideration for promotion to the post of Senior Munsarim from that of Reader Grade-I and other posts, (iii) some petitioners seek their promotion from the post of Stenographer Grade-I to the post of Personal Assistant cum Executive Assistant; and (iv) some of the petitions assail the prom