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Uttarakhand High Court · body

2015 DIGILAW 567 (UTT)

Chandra Shekhar Tiwari v. State of Uttarakhand

2015-12-11

ALOK SINGH

body2015
JUDGMENT : Alok Singh, J. All the petitioners are working as Class-IV (Group D) employees in the District Judgeship, Haridwar; all of them have applied for promotion in class III (Group C) post pursuant to the notification dated 19.12.2013; all the petitioners along with others (non-petitioners) were allowed to appear in the selection process; result to the extent of 25% of the sanctioned posts of Class III (Group C) was declared. 2. Learned counsel appearing for the parties do not dispute that as per Rule 20(10) of the Uttarakhand Subordinate Civil Courts Ministerial Establishment Rules, 2007 (hereinafter called as ‘Civil Courts Rule 2004’) the appointment by way of promotion from the eligible candidates of the Group D within prescribed quota shall be made by the appointing authority in accordance with the conditions and procedure prescribed by Rules and Orders issued from time to time by the State Government in the lowest pay scale of Group C. 3. Learned counsel appearing for the parties further do not dispute that in the light of rule 10 of Rule 20 of the Civil Courts Rules, 2007, Uttarakhand Subordinate Officers Clerical Grade Employees Rules, 2004 (hereinafter called as ‘Government Rules, 2004’) were/are being followed. Therefore, as per Government Rules, 2004, only 25% of the sanctioned posts of Group C were to be filled up by way of promotion from the Group D employees, with the stipulation that out of total 25% promotional quota, 15% were to filled up from among such employees who were possessing matriculation certificate and 10% from among those such employees who were having intermediate certificate, with further stipulation that if eligible candidates having matriculation certificate were not available, then vacant post would be filled up by those who were having higher qualification. 4. Undisputedly, this Court was pleased to issue letter dated 26.6.2013 directing that unless and until promotion, made in excess of 25% quota has been regularized, the further promotional exercise shall not be undertaken from Group D to Group C in the sanctioned category. Further providing that in future while giving the promotion from Group D to Group C cadre, no promotion shall be made over and above 25% of sanctioned posts. 5. In my humble opinion, letter dated 26.06.2013 was issued strictly as per the Un-amended Government Rules, 2004. 6. Undisputedly, thereafter Government Rules, 2004, were amended vide Government Amendment Rules, 2013, Annexure no. 5. In my humble opinion, letter dated 26.06.2013 was issued strictly as per the Un-amended Government Rules, 2004. 6. Undisputedly, thereafter Government Rules, 2004, were amended vide Government Amendment Rules, 2013, Annexure no. 3 to the writ petition, notified on 13.08.2013, adding proviso to the effect that for the selection year 2012-13 to 2015-16, promotional quota shall be 45% instead of 25% and out of 45%, 25% shall be available for those candidates who are having matriculation certificate and 20% shall be available for those who are having intermediate certificate. 7. Although, it is mentioned in Government Rules, 2004, that Government Rules shall not be applicable to the Subordinate judiciary, however, admittedly, Government Rules, 2004, were adopted and made applicable and are being followed in the light of Rule 19(10) of Civil Courts Rules, 2007. 8. In my considered opinion, if un-amended Government Rules 2004 are made applicable or in other words adopted in view of sub-rule 10 of Rule 20 of Civil Courts Rules, 2007, then, amended Government Rules, 2004 as amended by Government Amendment Rules, 2013 shall also be applicable. In the net result, for the selection year, 2012-13 to 2015-16, promotional quota shall be 45% instead of 25%. In my further opinion, since letter dated 26.06.2013 was issued prior to amended Rules, 2013, which were notified on 13.08.2013, therefore, letter dated 26.06.2013 shall be read in the light of subsequent amended notified on 13.08.2013. In other words, letter dated 26.06.2013 shall not adversely affect the amended Rules, 2013. 9. Undisputedly, in the present case, result was declared only for 25% promotional quota and not for 45% as provided by amended Government Rules, 2013. 10. Therefore, present petition succeeds and is hereby allowed. Mandamus is issued to the respondent no. 2 to declare the result for 45% promotional post within two weeks. Result already declared of 25% shall be adjusted against the total post of 45%. Mandamus is also issued to the respondents to promote those, who are found successful. 11. No cost.