- (1.) The appellants as also respondents 2 to 7 were permanent Junior Scale Stenographers in the Secretariat and other Government Departments. For promotion to the post of Senior Scale Stenographer, they were required to possess a speed of 80 words per minute in shorthand and 40 words per minute in typewriting. They could not attain that standard, but the spate of litigation filed by them against each other in quick succession, did really match their speed, whatever it be, in shorthand and typewriting. Without showing signs of fatigue and breathlessness, they started the litigation in 1984 and now in 1998 they seem to be, today, at the end of the litigative race.
(2.) Promotion from Junior Scale Stenographers to the Senior Scale Stenographers are made in terms of the Rules known as "J and K Secretariat (Subordinate) Service Recruitment Rules, 1972" made by the State Government in exercise of its power under the Proviso to Section 124 of the Constitution of Jammu and Kashmir. Rule 5(1)(B) thereof, relating to the method of appointment/recruitment to the post of Senior Scale Stenographers, originally provided as under : "Senior Scale Stenographers (340-700) : (i) 75% by selection from class II category 'B' having not less than 3 years service in that category and on the basis of a test in shorthand and typewriting for which minimum speed should be 80 and 40 words per minute respectively : Provided that in the case of such Junior Scale Stenographers of the Civil Secretariat as have attained the age of fifty years or above, the Government may consider, on individual basis and with due regard to merit, seniority and suitability, their appointment to the posts of Senior Scale Stenographers without appearing in the prescribed test. (ii) 25% by direct recruitment from the inservice candidates having not less than 5 years service in the categoty of Junior Stenographers and on the basis of a test in shorthand and typewriting for which the minimum speed should be 80 and 40 words per minute respectively.
(3.) In 1984, a number of vacancies in the cadre of Senior Scale Stenographer were available. Since the Rule contemplated a test for the selection of suitable candidates for appointment as Senior Scale Stenographer, a requisition was sent by the State Government to the State Recruitment Board constituted under the J and Kto Non-Gazetted Cadres) Rules, 1969 to hold the test.;