- (1.) These appeals relate to the claim of the Lower Division Clerks/Upper Division Clerks, who were appointed as regular Stenographers (referred to as "special promotees") on 25.4.1992, under proviso (5A) to Rule 5 of the Rajasthan Secretariat Ministerial Service Rules, 1970 (for short 'the rules'), for retrospective appointment from 1978-1979 and the consequential seniority dispute between them and the directly recruited stenographers. The appellants in CA 4935/2006 are the special promotees. The appellants in CA No.4936/2006 are the direct recruits.
(2.) Rule 5 of the Rules related to method of recruitment and provided that recruitment to the service after the commencement of the rules shall be made by the following methods:- "(a) direct recruitment as laid down in column No.3 of the Schedule I in accordance with Part IV of the Rules; (b) promotion as laid down in column No.3 of the Schedule I in accordance with Part V of the Rules." Entry (3) in Schedule I related to the post of Stenographers. The third column of the said Entry showed the sources of recruitment with percentages as follows: "50% by direct recruitment and 50% from amongst Lower Division Clerks and Upper Division Clerks of the Rajasthan Secretariat according to proviso (5) of Rule 5." Proviso (5) to Rule 5 (referred in Entry (3) of Schedule I) read as follows: "that recruitment to fill 50% of the vacancies of Stenographers in a particular period of recruitment shall be made by selection from amongst such of the Lower Division Clerks/Upper Division Clerks of the Secretariat who have passed the qualifying examination prescribed for the Stenographers in these Rules subject to availability of such persons; their selection shall, notwithstanding anything contained in Part V of these Rules, be deemed to be promotion with effect from the date of their selection. If in any year, the requisite number of such candidates is not available the remaining vacancies shall also be filled by direct recruitment through competitive examination according to the procedure laid down in Part IV."
(3.) Proviso (5A) was introduced in the Rules by way of amendment to Rule 5, vide notification dated 15.3.1978 and read as follows: "(5A) that nothing in these Rules shall preclude the appointing authority from making substantive appointment to the posts of stenographer subject to the availability of the vacancies from amongst the persons who were holding the post of stenographer or steno typist either in temporary or a hoc capacity in the Rajasthan Secretariat on 5.5.1970 or 15.9.1972 and whose work is found satisfactory by the appointing authority and who held either of the following qualifications and experience on such date (a) Graduate from a University established by Law in India with Shorthand as one of the subject or holder of a diploma in Shorthand; or (b) Passed the Higher Secondary Examination from the Rajasthan Board of Secondary Education or an equivalent examination with Shorthand as one of the subjects and must have put in two years service as Stenographer or Steno typist excluding breaks, if any; or (c) Those Stenographers or Steno typists who have put in two years' service as such on 15.9.1972 in the Rajasthan Secretariat excluding breaks, if any and who are certified by the Appointing Authority to have worked satisfactorily and have also passed competitive examination mentioned in Part II of Schedule II either in English Shorthand or Hindi Shorthand apart from passing the English and Hindi typewriting tests. x x x" By Government order dated 19.6.1978 the existing Lower Division Clerks/Upper Division Clerks who were working or required to work against the sanctioned post of Stenographers on purely ad-hoc basis were allowed special pay of Rs.30 per month, provided they possessed one of the following qualifications either in English or Hindi: "(i) pass in Higher Secondary Examination or degree of a University established under law with Stenography as one of the subjects. (ii) pass in the examination in stenography held by the HCM State Institute of Public Administration or Bhasha Vibhag. (iii) a diploma in stenography from Industrial Training Institute. (iv) completion of training organized by the Organization & Method Department and also passing the test, if any, held by the Organization & Method Department." The grant of special pay was further subject to the following conditions:- "(i) The appointing authority certifies in the order sanctioning special pay to the effect that Stenographer regularly recruited through Rajasthan Public Service Commission is not available. (ii) The special pay shall be granted to the lower division clerk till a Stenographer recruited through Rajasthan Public Service Commission is not made available in the Department.";