Sharad Kumar Sharma, J.

1. The State Department of Law, vide its gazette notification dated 24th April, 2007, exercising is power under Article 309 framed the Rules called as Uttarakhand Subordinate Civil Courts Ministerial Establishment Rules, 2007 (hereinafter to be referred as Rules).

2. Rule 3 defines the “Cadre of service”, which reads as under :

Sl. No.	Name of the post	Pay Scale	Source of Recruitment
(a)	Copyist/Junior Clerk/Assistant Accounts Clerk, Assistant Librarian, Stationary Clerk, Amin Grade II, Assistant Record Keeper, Assistant Nazir	Rs.3050-4590 or pay scale re-fixed by the Government from time to time	By direct recruitment or by selection from amongst the regular Group ‘D’ employees fulfilling conditions as per the rules/Government orders applicable not beyond the quota fixed such Government Orders.
(b)	Suits Clerk/Execution Clerks, Ahalmads, Dy. Nazir, Accounts Clerk, Sessions Clerk, Appeals Clerk, Cashier, Misc. Clerk, Munsanim/Readers of Civil Judge (SD) and Civil Judge (JD)/J.M., Librarian, Amin Grade I/Deputy Record Keeper	Rs.4000-6000 Or pay scale re-fixed by Government from time to time.	By promotion from amongst the category (a) having three years experience
(c)	Munsarim/Readers of the Courts of District Judge/ Addl. District Judge/ C.J.M./Addl. C.J.M., Central Nazir, Record Keeper, Head Copyist 2nd Clerk	Rs.4500-7000 or pay scale re-fixed by Government from time to time	By promotion from amongst the category (b) having three years experience
(d)	Sadar Munsarim	Rs.5500-9000 or Pay scale re-fixed by Government from time to time	By promotion or selection from amongst the category (c) who has put at least ten years service in all.
(e)	Senior Administrative Officer	Rs.6500-10500 or pay scale re-fixed by Government from time to time	By promotion or selection from amongst the categories (c) and (d) who has put at least ten years service.
(f)	Stenographer Grade I for the courts of Civil Judge (J.D.)/Judicial Magistrate/ C.J.M./Additional C.J.M./ Civil Judge (S.D.)/ Additional Civil Judge (S.D.)	Rs.4000-6000 or pay scale re-fixed by Government from time to time	By direct recruitment
(g)	Personal Assistants to the courts of Additional District & Sessions Judges	Rs.5500-9000 or pay scale re-fixed by Government from time to time.	By promotion from amongst the category (f) having five years experience
(h)	Personal Assistants to the courts of District & Sessions Judges	Rs.6500-10500 or pay scale re-fixed by Government from time to time	By promotion from amongst the category (g)

3. The categories mentioned at sub-clause (a) to (e) will form one cadre and categories (f) to (h) will form another cadre.

4. Under the aforesaid Rules, the appointing authority of the cadre of service as given in Rule 3 is the District and Sessions Judge and the Principal Judge, Family Court as it relates to.

5. The cadre of the Civil Courts have been defined under Rule 3. In the Schedule of cadre as given under Rule 3, the controversy which is related in the instant appeals pertain to the Cadre in Clause (b) and in Clause (c). Under the rules, cadre (c) includes the post of Munsarim/Readers of the Court of District Judge/Additional District Judges/Chief Judicial Magistrate/Additional Chief Judicial Magistrate, Central Nazir, Record Keeper, Head Copyist and Second Clerk.

6. In this Case the controversy relates to the post of Central Nazir, according to the Schedule, it carries a scale of Rs.4500-7500 or pay scale as re-fixed by the Government from time to time. The source of recruitment for the post of Clause (c) of the Schedule is, by promotion only from amongst the category (b