SIA SHARAN SINHA Vs. HONBLE CHIEF JUSTICE H C PATNA

JUDGEMENT

(1.) In this writ petition, the petitioner seeks quashing of Annexures 3 and 3-A dated 16th August, 1986, and 13th August, 1986, respectively, by which some of the Personal Assistants of this Court have been promoted temporarily to officiate as Senior Personal Assistants, by superseding the petitioner.

(2.) The petitioner's case is that he was appointed as a stenographer on 13-6-1980 by Memo No. 3872 (Annexure 1) in the High Court. It is said that there are three separate and distinct cadres of employees in the High Court. It is said that the posts of Senior Personal Assistants are filled up by promotion from Stenographers/Personal Assistants, on the basis of their seniority-cum-merit, and, similarly, posts of Private Secretaries are filled up on the basis of seniority-cum-merit from amongst the Senior Personal Assistants. There is also one post of Principal Private Secretary, which is also filled up from amongst the Senior Private Secretaries on the basis of seniority-cum-merit. The petitioner claims that during the selection of stenographers, in the year 1980, the petitioner's position in the selection list stood at serial No. 3, whereas respondent Nos. 5 to 12 were placed below him. It has been alleged that in order to get promotion to the grade of Senior Personal Assistant, Stenographer/P. A. has to pass a short-hand test at the rate of 130 words per minute and also a test known as "Peremptory order examination test" i.e., to compose peremptory orders that are passed by the Hon'ble Judges when the cases are listed for orders. The petitioner passed the short-hand test which was communicated to him by Memo No. 9662-66 dated 3-9-1985 (Annexure 2).

(3.) In 1988, some posts of Senior Personal Assistants fell vacant, consequent upon the retirement of some Senior Personal Assistants and some posts were also created. The petitioner having not passed the peremptory order examination test in February 1986, some persons, who were junior to the petitioner and thus eligible, were promoted to the posts of Senior Personal Assistants. The petitioner has no grievance about it and, therefore, he struck out the names of those respondents from his writ petition who bore serial Nos. 5, 6, 9 and 10. It is said that the petitioner became eligible for consideration to the post of Senior Personal Assistant on 28-5-1986 when he passed the peremptory order examination test.