M.R. Agnihotri, J. - (1.) PETITIONER , Mr. P.N. Sharma, Assistant Registrar has invoked the writ jurisdiction of this Court under Article 226 of the Constitution for the issuance of a writ of mandamus, to consider retrospectively his name for promotion to the post of Deputy Registrar with effect from 7th July, 1992. The grievance is based on the fact that even though he was the only eligible Assistant Registrar possessing three years' experience as such, yet his name was left out of consideration by the Registrar of the High Court while recommending the case for filling the vacancy of Deputy Registrar, to the Hon'ble Chief Justice. On that basis, the Petitioner contends, that had his name been even mentioned by the then Registrar while forwarding the names of other Assistant Registrars for promotion as Deputy Registrar, the Hon'ble Chief Justice would have certainly considered his candidature for promotion as Deputy Registrar and, therefore, non -consideration of his candidature has resulted in violation of Article 16 of the Constitution of India.
(2.) IN response to the notice of motion, separate written statements have been filed by the Additional Registrar (Administration) on behalf of the High Court, Mr. M.M. Katyal, Assistant Registrar Respondent No. 2, who was directed to work as Deputy Registrar in addition to his post as Assistant Registrar in his own pay and grade, by order dated 7th July, 1992, and Mr. Malkit Singh, Assistant Registrar, Respondent No. 3. Though the factual position is broadly admitted, yet the Petitioner is sought to be non -suited on the ground, that three years' experience of working as Assistant Registrar also included the period during which he had been promoted as Deputy Registrar in the High Court, as the promotion had been made without justification of the work load. The writ petition was admitted to D.B. on April 21, 1993. We have heard the parties at length and have gone through the record. In nutshell, the position is, that the Petitioner joined as Clerk on 10th December, 1960, and was promoted as Assistant with effect from 8th May, 1970. He was further promoted as Superintendent Grade II with effect from 6th January, 1986, and as Superintendent Grade I on 1st July 1988. He was selected for appointment as Assistant Registrar on 23rd November, 1988, and he worked as such up to 4th October, 1989. On that date, he was selected for appointment as Deputy Registrar but was reverted on abolition of the post on 18th November, 1989. Thereafter, on the availability of the vacancy of Assistant Registrar, he was again promoted as Assistant Registrar on 7th June, 1990, and has been continuing as such till date. Thus, his experience of working as Assistant Registrar/Deputy Registrar exceeds three years.
(3.) RULE 8(ii)(b) of the High Court establishment (Appointment and condition of Service) Rules, 197u, provides the method for promotion and eligibility of the persons to be considered for the post of Deputy Registrar, as under: The other post of Deputy Registrar shall be filled up by selection from amongst the Assistant Registrars, who are -Graduates and have experience of working as such for a minimum period of 3 years. Since the Petitioner was a Law Graduate and possessed experience of working as Assistant Registrar for a minimum period of three years, with consistent good record of service, he was eligible and qualified for being considered for promotion as Deputy Registrar.;