M.B.SHARMA, J. - (1.) THE dispute in this writ petition is in respect to the promotion to the post of Dy. Registrar (Administration) and the channel for promotion to the aforesaid post from Assistant Registrar or Private Secretary -cum -Judgment Writer (Super -Time Scale). We may state that under order No. Estt/HC/86/30 dated April 5, 1986, the Registrar, Rajasthan High Court, Jodhpur has changed the nomenclature of the posts of Private Secretaries cum Judgment Writers (Super Time Scale) to that Private Secretaries cum Judgment Writers and the suffix Super Time Scale' has been deleted. Similarly the nomenclature of the posts of Private Secretaries cum Judgment Writers (Selection grade) and Private Secretaries cum Judgment Writers (Ordinary Scale) under the aforesaid order have been changed to Senior Personal Assistant -cum -Judgment Writers and Personal Assistant -cum. Judgment Writers respectively. The petitioner Laxmi Narain Mathur is Private Secretary -cum -Judgment Writer and his designation prior to April 5, 1986 when the aforesaid order was made, was Private Secretary cum Judgment Writer (Super Time Scale). The post of Dy. Registrar (Admn.) had fallen vacant as a result of the retirement of Tulsi Ram Soni and under the order dated January 18, 1988 (Annx. 5), Rikhab Raj Kumbhat the then Asstt. Registrar was promoted to the post of Dy Registrar with effect from the date of his taking over charge. The petitioner Laxmi Narain Mathur has challenged the aforesaid appointment by promotion of Shri Rikhab Raj Kumbhat, respondent No. 2.
(2.) IN exercise of his powers conferred by Article 229(2) of the Constitution of India, the Chief Justice of the High Court of Judicature for Rajasthan with the approval of the 'Governor' of Rajasthan, made the Rajasthan, High Court (Conditions of Service of Staff) Rules, 1953 (for short, the Rules). Under Rule 2 thereof the staff attached to the High Court shall consist of the posts specified in the second column of Schedule -I thereto. The posts of Dy. Registrar (Admn.) are the posts at S. No. 7 of the Schedule to the Rules and at S No. 10 are the posts of Private Secretaries attached to Hon'ble the Chief Justice and Hon'ble Judges (Super -time Scale). Earlier there were two posts in Super Time Scale, but by the passage of time the number of such posts has been increased and the posts of Private Secretaries and Judgment Writers to Hon'ble the Chief Justice and Judges are equal to their number. It may be stated that at S. No. 11 are the posts of Asstt. Registrars. Rule 2A of the Rules prescribes method of recruitment and one of the methods of recruitment to the posts specified in second column of Schedule -I is by promotion of a person already employed in the High Court Sub -rule (1) of Rule 2A of the Rules empowers the Chief Justice from time to time by general or special order to (a) specify the method by which the recruitment to a post or category of posts shall be made, (b) determine the proportion of vacancies to be filled by each method in case of recruitment by more than one method and (c) specify the manner in which such recruitment shall be made in the case of direct recruitment. Rule 8 is in respect of general promotions and Rule 9 is in respect of promotion to posts carrying special responsibility or requiring special qualifications. The above rules will come up for consideration at the later part of this order. Let us read those rules, they are as under: 8. Promotion: Subject to the requirements of efficiency promotion shall ordinarily be made according to seniority. An official may receive promotion for recognised merit irrespective of the grade to which he may belong or of his seniority within the grade. 9. Promotion to posts carrying special responsibility or requiring special qualifications: (1) Not with standing any thing to the contrary contained in these Rules, promotions to the following posts carrying special responsibility or requiring special qualifications shall be made by selection; (1) Deputy Registrar (Administration); (2) P.P. Secretary to Chief Justice; (3) Assistant Registrar; (4) Superintendent -cum -Chief Accountant. (2) In the case of non -availability of a suitable person for promotion to the post of P.P. Secretary to Chief Justice, recruitment may be made in such other manner as may be specified by the Chief Justice. The posts of Dy. Registrar (Admn.) at S.No. 7 in Schedule I to the Rules are non -RJS cadre posts. Neither the Rules nor Schedule 1 to them provides channel of promotion to the posts of Office Superintendent, Asst. Registrar, Dy. Registrar (Admn). As already stated earlier, Rule 2A 2(SIC) of the Rules vests powers in the Chief Justice, from time to time by general or special order to specify the method by which recruitment to a post or category of posts could also be by promotion of any person employed in the High Court By virtue of powers vested in the Chief Justice under Rule 2A and 2B of the Rules under order dated 18 -2 -1976, the Chief Justice specified method of recruitment and qualifications for appointment to the various posts specified in the second column of Schedule I to the Rules. The said order contains provisions for promotion to the posts of Upper Division Clerks, Stamp Reports and Court -fee Examiners, Bench Readers, Translators, Senior Bench Readers, Stenographer grade II Private Secretaries cum Judgment Writers (Ordinary Scale), Private Secretaries and Judgment Writers (Selection Grade) and Superintendents (Judicial and General Sections) So far as the promotions to the post of Superintendent (Judicial and General Sections) are concerned, they will be made from amongst the Senior Bench Readers and Private Secretaries and Judgment Writers (Selection Grade) by rotation; the first promotion shall be given to Senior Bench Reader, then to Private Secretary and Judgment Writer (Selection Grade) and then to Senior Bench Reader and so on. It may be stated that the Superintendents are in the scale No. 17 and so also the Senior Bench Readers and Private Secretaries and Judgment Writers (Selection Grade). Assistant Registrar are in scale No. 19 (Rs. 1720 -3300). The grade of Dy. Registrar (Admn.) being in scale No. 23 is Rs. 2600 -4150. There were also some posts of Private Secretaries cum Judgment Writers (Super time Scale) in scale No. 20. It may also be stated that though in the order of the Chief Justice dated February 18, 1976 referred to above promotions to the posts of Superintendent (Judicial and General Sections) were to be made from amongst Senior Bench Reader and Private Secretary and Judgment Writers (Selection Grade) by rotation as aforesaid, it appears that the scale of Superintendent (Judicial and General Sections) and of the Private Secretaries cum Judgment Writers being the same i.e. scale No. 17 and then being chances of promotion to Private Secretary and Judgment Writers (Super time Scale) and thereafter the Private Secretaries and Judgment Writers being placed in the scale No. 20 (Rs. 2100 -3550) and the post of Superintendents being in sale No. 17, (Rs. 1490 -3050) no Private Secretary -cum -Judgment Writer either in Selection Grade or in Super -time Scale liked or will like such promotion as Office Superintendent and it may be stated that no such promotion has been made. That apart, the post of Private Secretary -cum -Judgment Writer (Super Time scale) being in scale No. 20, and there being more chances of Private Secretary cum Judgment Writers (Selection Grade to the scale now belonging to that scale, no Private Secretary and Judgment Writer will like to be promoted as Superintendent. It is high time that the Chief Justice takes this situation into consideration and amend his order accordingly to make it reasonable and to fit in with the situation as prevalent today.
(3.) NEITHER the Rules nor Schedule I to them lays down any criteria for promotion to the post of Dy. Registrar (Admn ). In continuation of the office order No. Estt/HC/76/52 dated February 18, 1976, and in pursuance of Rules 2A, 2B and 4A of the Rules, the Chief Justice has specified the methods by which appointments to the posts of Superintendents (Judicial and General Section), Assistant Registrar, Deputy Registrars (Administration) shall be made and seniority of the persons appointed to the posts of Asstt. Registrar and Superintendent shall be determined. It has already been said earlier that the rotation for appointment to the post of Superintendent (Judicial and General Section) under order dated February 18, 1976 was in the ratio 1:1 and it was only under the order dated January 2, 1980 (Schedule A to the writ petition) that rotation was changed in the ratio of 1:2 i.e. in the following order: (1) Private Secretary -cum -Judgment Writer (Selection Grade) (2) Senior Bench Reader; (3) Senior Bench Reader; (4) Private Secretary -cum -Judgment Writer (Selection Grade) (5) Senior Bench Reader; (6) Senior Bench Reader, so on and so forth. ;