IMPORTANT POINT
An employee on deputation retains their rights to promotion in their parent cadre, and such rights cannot be revoked based on a change in employment status if the promotion criteria have been met.

ORDER :

Shree Chandrashekhar, J.

The writ petitioner has challenged the orders dated 15th June 2020 and 20th July 2020 and seeks a direction for the pay-fixation on the basis of the order dated 29th November 2018 passed by the District and Sessions Judge, Balotra.

2. The petitioner was appointed to the post of Stenographer and posted in the District Court at Balotra. On a request made by him, he was brought to the High Court by an order dated 4th May 2013 on the post of Junior Personal Assistant. Thereafter, he was absorbed on the said post by an order dated 21st January 2016 issued under the signature of the Registrar (Admin.). This is also a matter of record that the petitioner was promoted in the rank of Stenographer Grade-II in the grade pay of Rs.3600/- with effect from 1st July 2013 and in the grade pay of Rs.4200/- with effect from 01st January 2016 with the pay matrix L-11 by virtue of an order passed by the District and Sessions Judge, Balotra on 29th November 2018.

3. On the basis of the order of absorption of the petitioner, the respondents have taken a position that the petitioner who ceased to be a member of the District Judiciary and was not governed under the Rajasthan Subordinate Judiciary Ministerial Establishment Rules, 1986 (now known as Rajasthan District Court Ministerial Establishment Rules, 1986 as amended with effect from 19th July 2017) could not have been granted promotion by the District and Sessions Judge, Balotra and, therefore, the order of his promotion dated 29th November 2018 promoting him to the post of Stenographer Grade-II was wrong. In the counter affidavit the respondents have taken the following stand:-

“That the contents of para no.6 of the writ petition are not admitted in the manner stated and hence denied. It is submitted that had the petitioner been working at Balotra Judgeship and not been transferred to Rajasthan High Court on his own request, the petitioner would have been entitled to promotion which would have accrued to him on 17.09.2015. However, admittedly, he was transferred from Balotra Judgeship to the Rajasthan High Court on 04.05.2013 and was finally absorbed vide order dated 21.01.2016 and therefore, he was not entitled to promotion in accordance with the communication dated 20.08.2019 sent by the Rajasthan High Court to answering respondent no.3.

That the contents of para no. 7 of the writ petition require no reply from the answering respondents, the same being a matter of record to the extent the same pertain to Annexure-4. However, the inference sought therefrom is categorically denied. It is submitted that granting the petitioner promotion to the post of Stenographer Grade-II vide order dated 29.11.2018 passed by respondent no. 3 was erroneous, inasmuch since he had been sent to Rajasthan High Court way back in the year 2013 on his own request and he was no longer an existing employee of Balotra Judgeship, when the order of promotion dated 29.11.2018 was passed. The present was a case of transfer as contemplated under explanation 1 to Rule 20 of Rajasthan High Court Staff Service Rules, 2002 and therefore, he was not entitled to the aforesaid promotion.

That the contents of para no. 8 of the writ petition require no reply from the answering respondents to the extent the same pertain to Annexure 5, 6 and 7, the same being a matter of record. However, the rest of the contents and the inferences drawn therefrom are denied. It is submitted that the fixation of the petitioner was not done for the simple reason that he was erroneously granted promotion on the post of Stenographer Grade-II since he was no longer an existing employee of Balotra Judgeship as on 17.09.2015 on account of his transfer to Rajasthan High Court on his own request and later on being absorbed as Stenographer Grade-III in the establishment of High Court on 23.01.2016. Accordingly he was placed in the bottom of the cadre of existing Junior Personal Assistants in Rajasthan High Court as on 21.01.2016 and he wa