R.A. Sharma, J. - (1.) RESPONDENT No. 1 in these appeals is Upper Division Assistant and Respondents No. 2 to 9 are Lower Division Assistants in the establishment of the High Court at Allahabad. They filed Writ Petition No. 1834 of 1991 before this Court for writ of mandamus, commanding the Hon'ble Chief Justice and the Registrar of the High Court to extend the benefits of reservation in the matter of promotions to them, who are members of Scheduled Castes and Scheduled Tribes. Promotions with retrospective effect on the basis of reservation were also claimed. This writ petition was allowed by the learned single Judge on 10.10.1991. directing the Respondents therein, namely, Hon'ble Chief Justice and the Registrar of the High Court to extend the benefits of reservation in the matter of promotions to various categories of Class HI and Class IV posts. Further direction to Hon'ble Chief Justice to issue an order under Rule 23 of the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 extending the benefits of reservation to the members of Scheduled Castes and Scheduled Tribes in the matter of recruitment to Class I and Class II posts was also issued. Being aggrieved by the said judgment of the learned single Judge, the High Court has filed Special Appeal No. 115 of 1991. Against the same judgment of the learned Judge, Special Appeal No. 110 of 1991 has been filed by five employees of the High Court. The third Special Appeal No, 111 of 1991 has also been filed by twenty five other employees of this Court. All these appeals were admitted and have been consolidated. This Court has also passed an interim order on 28.10.1991 in Special Appeal No 110 of 1991, staying the operation of the aforesaid judgment of the learned single Judge.
(2.) THE Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 (hereinafter referred to as the Rules) have been framed by the Hon'ble Chief Justice in exercise of powers conferred by Clause (2) of Article 229 of the Constitution of India. These rules have laid down the strength of the establishment of the court, source, modes and method of recruitment to various posts in Classes I, II, III and IV. Rule 23, which contains the provisions for reservation is reproduced below: 23. Reservation for Scheduled Castes, etc. - -Reservation for recruitment to the various categories of posts in the establishment in favour of the Scheduled Castes and Scheduled Tribes and from among disabled (Military) personnel and dependents of freedom fighters shall be in accordance with the orders issued by the Chief Justice from time to time, having due regard to the orders issued by the Governor from time to time on the subject. The Hon'ble Chief Justice passed the following order dated 29.8.1977 under Rule 23 providing for reservation: In supersession of all earlier orders made in this behalf, it is hereby ordered the reservations are made for Class III and Class IV posts in the Establishment of the High Court as detailed below. If sufficient number of suitable candidates belonging to Scheduled Tribes are not available at any recruitment the number of posts reserved for them and not filled shall be added to the number of posts reserved for Scheduled Castes at that recruitment. If sufficient number of suitable candidates belonging to Scheduled Castes are not available at any recruitment, the number of posts reserved for them (including the number of entitled posts added from the reserved posts for Scheduled Tribes) and not filled, shall be added to the number of posts reserved for Backward Classes at that recruitment. If sufficient number of suitable candidates belonging to any of the categories Nos 3, 4 and 5 specified below, are not available at any recruitment, the number of posts not filled shall be treated as unreserved at such recruitment. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Class III Class IV 1. Scheduled Castes *25% 30%"** 2. Scheduled Tribes 2% 2% 3. Physically handicapped persons 2% 2% 4. Dependent of Freedom Fighters 3% 3% 5. Disabled Military personnels and Emergency Commissioned/ Short -Service Commissioned Officers and Ex military personnels 2% 3% 6. Backward Class 15% 10% - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - * 25% till their representation reaches 18% ** 30% till their representation reaches 18% Sd/ - Dated 29.8.1977. D. M. Chandrashekhar Chief Justice By the above order, the Hon'ble Chief Justice has provided for reservation in recruitment to Class III and Class IV posts. There is no provision for reservation in the matter of promotion. The learned single Judge held that as the word "recruitment" includes appointment by promotion, the order of the Hon'ble Chief Justice dated 29.8.1977 will also apply to appointments made by promotion. While holding as above, the learned Judge also relied upon the last two lines of Rule 23, according to which while making reservation, the Hon'ble Chief Justice will have "due regard to the orders issued by the Governor from Lime to time on the subject". The learned Judge accordingly held that as the Governor has issued orders from time to time giving benefit of reservation to backward class of citizens in the matter of promotion, the Respondents, namely, Hon'ble the Chief Justice and the Registrar of this Court have to give the similar benefit to them.
(3.) WE have heard the learned Counsel for the parties.;