W.P. (C) No. 15928/2004

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HIGH COURT OF DELHI : NEW DELHI

Date of decision: September 27, 2007

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W.P. (C) No. 15928/2004

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Harish Chander

...Petitioner

Through: Mr. D.C. Vohra, Advocate

versus

Union of India & Another

...Respondents

Through: Mr. Yogesh Verma, Advocate

CORAM:

HON'BLE MR. JUSTICE A.K.SIKRI

HON'BLE MR. JUSTICE VIPIN SANGHI

1. Whether the Reporters of local papers may

be allowed to see the judgment?

2. To be referred to Reporter or not?

3. Whether the judgment should be reported

in the Digest?

VIPIN SANGHI, J.

1. The Petitioner was appointed in the year 1970 as a Hindi

Typist by the respondents. He has since been confirmed in the said

post. The said post of Hindi Typist was an isolated one, and not

encadred in the Central Secretariat Clerical Services (CSCS), which is

governed by the Central Secretariat Clerical Services Rules (CSCS

Rules). Consequently, even after 28 years of service, the Petitioner was

not given even a single promotion, except upon the up gradation of the

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W.P. (C) No. 15928/2004

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post of Hindi Typist to UDC level. This too was done after the Central

Administrative Tribunal, Principal Bench, New Delhi (The Tribunal)

intervened vide its order dated 7.12.1995 in O.A. No. 644/1991 at the

behest of the Petitioner. However, there was no change in the duties

and the responsibilities of the Petitioner. In the meantime, other

similarly placed employees who did not belong to any particular cader,

and consequently did not have promotional avenues had represented

for their encaderment in the CSCS and the same was granted.

However, the Petitioner was left out. Even the 5^th Central Pay

Commission recommended that the post of Hindi Typist be included in

the cader of CSCS vide para 77.46 of its report.

2. The Petitioner filed O.A. No. 1254/1996 wherein the

Tribunal directed the respondents to consider the claim of the

Petitioner for encaderment. However, the Respondent, even in the face

of the recommendations of the 5^th Central Pay Commission, declined to

grant the said relief, vide their order dated 11.2.1998. The Petitioner

thereupon filed O.A. No. 1941/1998 which was decided by the Tribunal

on 22^nd May 2001. The Tribunal substantially allowed the O.A. filed by

the Petitioner, except that while issuing its operative directions, it

made an observation that the Petitioner would be permitted to reckon

his seniority only from the date of his final absorption. The relevant

extract of the order dated 22^nd May 2001 in O.A. No. 1941/1998 is

reproduced herein below:

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W.P. (C) No. 15928/2004

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“6. We have carefully considered the matter.

The applicant has been functioning as a Hindi

Typist for the last 28 years without any

promotion.

In

spite

of

working

as

Hindi

Stenographer and Sr. Hindi Translator for some

time he has been reverted to his substantive

post as Hindi Typist. Hence his request for

better treatment by the Government by way of

access to promotional avenues. FCPC, who have

examined his case and recommended the

encadrement of his post in CSCS. So as to

alleviate the difficulties but the same has been

negatived by the respondents on the spacious

arguments that CSCS Rules do not provide for

it, while 24A, permitting relaxation could very

well have been utilized for the above. It cannot

be the intention of the Government that a

person who joins service should not get any

promotion at all in the entire career and should

retire from the very post in which he joined

service. Still the respondents have done nothing

to improve the situation. Their reluctance is all

the more clear when it is found that they have

express their willingness to encadre the post

but without the incumbent. This cannot be

permitted. It is also interesting to note that the

respondents who totally defe