- (1.) The instant petition, inter alia, raises a question as to whether the Department Promotion/ Selection Committee of the High Court (in short DPC), which met on 11.12.2014 to consider the promotion of Review Officers (in short R.O.) of the High Court Establishment (in short establishment) to the post of Section Officer (in short S.O.), was justified in adopting the sealed cover procedure in respect of its recommendation for promotion of the petitioner. If not. To what relief the petitioner is entitled to.
(2.) To understand the controversy better, it would be apposite to have a brief narration of facts as well as the relevant provisions concerning the issue.
(3.) Promotion /appointment in the establishment is governed by Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 (in short Rules, 1976). The Appointing Authority as per Rule 2(n) of the Rules, 1976, for each category of posts is the Chief Justice of the High Court or such other Judge or Officer as he may direct. Rule 16 provides for source of recruitment to various Class-II posts which includes the post of S.O. Rule 16 (a) provides that recruitment to the post of S.O. (General Office) shall be by promotion from amongst permanent R.O. and Translators/Urdu Translators. Rule 18 provides for the method of selection for all promotion posts. Rule 18 (i) provides that selection for promotion to posts mentioned in Rule 16 shall be made by a Selection Committee appointed by the Chief Justice. Rule 18 (ii) provides the criteria for selection. It says the criteria for selection shall be seniority subject to rejection of 'unfit'.;