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2005 Supreme(All) 1375

ALLAHABAD HIGH COURT
Sunil Ambwani, J.
Fazlur Rahman, Mohd.Usman, Afzal Ahmad Khan, Abdul Ahad Khan
Versus
State of U.P.
Civil Misc.Writ Petition 30199 of 2002
Decided On : 08 August 2005
Civil Misc. Writ Petition 18916 Of 2004

Advocates:
ALOK KUMAR SINGH, Ikram Ahmad, S.M.A.Kazmi,

Urdu Translators form a separate cadre and are not entitled to be considered for promotion as Senior Clerks.

Headnote:

Urdu Translator - Promotion Dispute - U. P. Urdu Translator-cum-Junior Clerks Service rules, 1994 - Rule 21, Rule 22

Fact of the Case:

The petitioners, appointed as Urdu Translator-cum-Junior Clerks, sought setting aside of orders canceling their promotions and framing of rules for promoting them to the post of Senior Clerk. The State Government contended that Urdu Translators form a separate cadre and are not entitled to be considered for promotion as Senior Clerks.

Finding of the Court:

The court found that the Urdu Translator cum Junior Clerk form an entirely separate cadre, and their inter se seniority is to be regulated within their cadre. The court held that the petitioners cannot be adjusted in the gradation list of clerks in the departments they are working and are not entitled to promotion as Senior Clerks.

Issues: Dispute over the promotion of Urdu Translators to the post of Senior Clerk and their entitlement to be considered in the cadre of Junior Clerks.

Ratio Decidendi: The court held that the Urdu Translators form a separate cadre and are not entitled to be considered for promotion as Senior Clerks. The court directed the State Government to consider and examine the matter and provide suitable promotional avenues for the Urdu Translator-cum-Junior Clerks.

Final Decision: The court disposed of all the writ petitions with the direction to the State Government to consider and examine the matter and take a decision expeditiously, preferably within three months.

SUNIL AMBWANI, J.

( 1 ) BY these writ petitions the petitioners appointed as Urdu Translator-cum-Clerks in the various departments of the State Government under U. P. Urdu Translator-cum-Junior Clerks Service rules, 1994 (Notified on 9. 9. 1994) have prayed for setting aside the orders passed by appointing authorities canceling their promotions in the pay scale of Rs. 4000-6000, and for issuing directions to the State Government to frame rules, Regulations, Notifications. Government orders or necessary directions for promoting the petitioners on the higher post of Senior Clerk in the Pay Scale of Rs. 4000-6000 and revised from time to time like others in the departments of state Government.

( 2 ) IN Writ Petition No. 27996 of 2002, the petitioner was appointed as Urdu Translator, cum assistant Junior Clerk by the District Magistrate, Mathura on 19. 5. 1995. He was adjusted on the post of Junior Clerk on 19. 11. 1998 and was transferred to Hathras, where he was confirmed on 25. 8. 2001. He was recommended by a Selection Committee for promotion to the post of Senior clerk on 20. 09. 2001 along with other Junior Clerks, in the pay scale of Rs. 4000-6000 by an order dated 6. 7. 2002 passed by the District development Officer, Hathras, where he was confirmed on 25. 08. 2001. He was recommended by a selection committee for promotion the post of Senior Clerk on 20. 9. 2001 passed by the District Development Officer Hathras. His promotion order was cancelled and he was reverted to the post of Urdu Translator-cum-Junior clerk on the directions issued by the State Government on 18. 10. 2001, providing that the post of urdu Translator cum Junior Clerk is separate cadre for which promotions are not provided.

( 3 ) IN the counter affidavit of Sri Devesh Chandra, Khand Vikas Adhikar, sahpau Hathras (Maha maya Nagar), it is stated that the petitioner has not been demoted but that he is in a separate cadre, in pursuance to the Government Order dated 18. 10. 2001 and 7. 11. 2001 which provide that the post of Urdu Translator cum Junior Clerk fall in separate cadre and cannot be treated or adjusted in the cadre of Junior Clerk.

( 4 ) IN Writ Petition No. 30199 of 2002, the petitioners were appointed as Urdu Translator in different office of Police Department in districts, Meerut, Ghaziabad and Muzaffar Nagar. They have prayed for direction to frame rule for promoting the petitioners on the higher post of Urdu translator cum Senior Clerk in the pay scale of Rs. 4000-6000 like in the other departments of uttar Pradesh. It is contended that the petitioners are stagnating as Junior Clerks for about ten years without any avenues of promotion. Since they are serving in the police department they are entitled to same benefit which are given to other class III employees namely ASI (M), in of the department.

( 5 ) IN the counter affidavit of Sri Alok singh, Principal Secretary, Home Department, U. P. Government, it is stated that by Government Order dated 24. 3. 1994 the State Government decided to appoint Urdu Translators in every department from Block level to the Headquarters, for accepting and replying to the representations given in Urdu language. By the Government order dated 20. 8. 1994. 5061 posts of Urdu translator cum Junior Clerks were provided in the pay scale of Rs. 950-1500 (pre-revised ). They were selected by the Selection Committees constituted by the District Magistrates and fall in a separate cadre. Their inter-se seniority is determined in their own cadre from the dates of their substantive appointment vide U. P. Government Servants seniority Rules, 1991. . T hey are not to e given seniority along with Constable (M) and are not entitled to be given promotion in any higher grade. They are not members of the police department. Any privilege given by the department to these persons does not give them a aright to become members of the police force or to receive benefits and allowances as police personnel.

( 6 ) IN Writ Petition No. 18916 o
















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