- (1.) THE petitioner, who had served the High Court of Judicature at Allahabad as a Bench Secretary and superannuated on 31.12.2009, has filed this writ petition, stating the grievance against denial of promotion as Bench Secretary Grade -II in the notification dated 6.2.2006 (Annexure -5 to the petition); and has prayed for the following reliefs: - "(i) issue, a writ, order or direction in the nature of certiorari quashing order/notification dated 6.2.2006 issued in official gazette of High Court (Annexure -5 to the writ petition) only respect of the petitioner and Respondent no.5 to 8; (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to promote / place the petitioner as Bench Secretary, Grade -II in pay scale of 10,000 -200 -15,200 w.e.f. 22.10.2005; (iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the difference of salary to the petitioner since 22.10.2005 upto retirement and further be pleased to fix and pay the entire benefit according to that; (iv) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case in favour of the petitioner; (v) cost of the petition to the petitioner."
(2.) SHORN of unnecessary details, the relevant background aspects of the matter are as follows: The petitioner was initially appointed in the clerical staff in the High Court and thereafter, was granted promotion to the post of Bench Secretary Grade -II in the year 1998 -99 through competitive examination. Respondents no.5 to 8 to this petition were also appointed as Bench Secretary Grade -II later on. For regulating the appointment and other conditions of service of Bench Secretaries in the High Court, rules were framed by Hon'ble the Chief Justice, being the Allahabad High Court Bench Secretaries (Condition of Service) Rules, 2005 (hereinafter referred to as 'the 'Rules of 2005'). After commencement of the said Rules of 2005, the Bench Secretaries appointed earlier in Grade -II fell in the category of Bench Secretary Grade -I.
(3.) THE grievance of the petitioner is that under the questioned notification dated 6.2.2006, while respondents no.5 to 8, who were allegedly junior to him, were placed/promoted as Bench Secretary Grade -II in the pay scale of Rs.10,000 -325 -15,200/ - w.e.f. 22.10.2005, but he was placed as Bench Secretary Grade -I in the pay scale of 6,500 -200 -10,500/ - w.e.f. 22.10.2005 The petitioner has pointed out that the disciplinary proceedings were initiated against him in the year 2003 in which ultimately, the penalization order was passed on 9.6.2005 for withholding two increments with cumulative effect. The appeal filed by the petitioner was also rejected by Hon'ble the Chief Justice by the order dated 23.2.2006. The petitioner filed Civil Misc. Writ Petition No.17967 of 2006, challenging the aforesaid orders passed in the disciplinary proceedings; and further amended the said petition challenging the impugned notification dated 6.2.2006 by which, placement/promotion of Bench Secretaries was made and wherein, he was denied the promotion. The said petition was dismissed by a coordinate Division Bench on 2.4.2014, upholding the orders passed in the disciplinary proceedings, but while giving liberty to the petitioner to challenge the said notification dated 6.2.2006 by way of a separate petition.;