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PETITIONER: BABULAL YADAV

       Vs.

RESPONDENT: HIGH COURT OF RAJASTHAN & ORS.

DATE OF JUDGMENT:       13/07/1998

BENCH: S.P. BHARUCHA, V.N. KHARE

ACT:

HEADNOTE:

JUDGMENT:                  THE 13TH DAY OF JULY, 1998 Present                Hon’ble Mr. Justice S.P. Bharucha                Hon’ble Mr. Justice V.N. Khare Pallav Shishodia and A.P. Medh, Advs. for the appellant B.D. Sharma and S.K. Jain, Advs. for the Respondents                       J U D G M E N T      The following Judgment of the Court was delivered: V.N. Khare, J.      These three Civil Appeals arise out of the judgment and order dated  4.11.1991 passed  by the  Division Bench of the High Court  of Rajasthan,  Jaipur Bench  in DB  Council S.A. (writ) No.508-10/91,  whereby the  judgment and  order dated 12.8.1991 passed  by the  learned single  Judge allowing the writ petition filed by the appellant, was reversed.      Before, we  advert to the facts of the present appeals, it would  be appropriate  to refer to the two sets of Rules, on governing  the recruitment  to the cadre of stenographers in the  Sub-ordinate Civil Courts of Rajasthan and the other relating to recruitment of stenographers in the sub-ordinate officers of  the Government  in the State of Rajasthan. Till the year  1985 the  recruitment of stenographers in the sub- ordinate civil  courts in   the State of Rajasthan and their conditions of  services were  governed by the Rajasthan Sub- ordinate Civil  Courts Ministerial Establishment Rules, 1958 (for short "1958 Rules"). Rule 6 of 1958 Rules provided that the direct  recruitment to  the cadre  of  Stenographers  as Stenographers Grade  III (now Grade-II) shall be made on the basis  of   selection.  Rule   10  provided   the   academic qualification for  direct recruitment  to the Stenographers’ cadre. Subsequently,  in the  year  1986,  1958  Rules  were superseded  by   the  Rajasthan   Subordinate  Civil  Courts Ministerial  Establishment   Rules  1986  (for  short  "1986 Rules"), which came into force with effect from February 25, 1986. Under  Rule 10 of 1986 Rules, the qualification of the candidate  for   direct  recruitment   to   the   cadre   of Stenographers in  Sub-ordinate Courts substantially remained the same  as it was under the 1958 Rules. Under both sets of Rules,  candidates   after  selection   to   the   post   of Stenographer necessarily  have to  pass qualifying  test  of

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shorthand and  typewriting to  be conducted by the Rajasthan Public Service  Commission and  till they  pass such  tests, they have  to be treated as working on extended probationary period. There  is another  set of  Rules known  as Rajasthan Subordinate Officers  Ministerial  Staff  Rules,  1957  (for short "1957  Rules"). 1957 Rules regulate the recruitment to the post  of Stenographers  in the  Subordinate  Offices  of State Government  in  the  State  of  Rajasthan.  Under  the aforesaid two  sets of Rules, a candidate for recruitment to the cadre  of Stenographers  is required to pass the test of shorthand and  typewriting to  be conducted by the Rajasthan Public Service  Commission. For the Hindi shorthand test the speed has  been prescribed  as 80  words per  minute and for Hindi typewriting test, the speed prescribed is 30 words per minute. A  perusal of  1957 Rules  and 1958 Rules which have been superseded by the 1986 Rules, shows that the prescribed speed in  shorthand and typewriting in both the cases is the same although  Rules relate  to different sets of services - one for  Sub-ordinate Civil Courts and other for Subordinate Offices of the State Government.      In the  year 1982, the appellant after passing the test of Stenographer  Grade-II,  was  appointed  as  Stenographer Grade-II in  Sub-ordinate Civil  Court for a period of three months  by   the  District   and  Sessions  Judge,  Pali  in accordance with  the 1958 Rules. Letter of appointment dated January 22,  1982 issued  to the appellant indicated that he was to  pass the prescribed test of Stenographer Grade-II to be held  by  the  Rajasthan  Public  Service  Commission  as required under  the  1958  Rules.  In  the  year  1983,  the Rajasthan Public Service Commission advertised vacancies for recruitment to the cadre of Stenographers in the Subordinate Offices of  the State  Government. The appellant in response to the  said advertisement  appeared in the said examination and was  declared successful.  Consequently, he was issued a letter  of   appointment  and   wad  directed   to  join  as Stenographer to the Chief Engineer, CAD, Indira Gandhi Nahar Project, Bikaner.  However, the appellant did not join there and opted to remain as Stenographer in the Subordinate Civil Court.  The  appellant,  on  the  strength  of  passing  the examination  conducted   by  the  Rajasthan  Public  Service Commission for  recruitment to  the cadre of Stenographer in the Subordinate  Offices of  the State Govt., represented to the concerned  District Judge  and the  High Court  for  his confirmation in the service. However, no action was taken by respondents 1  and  2  for  appellant’s  confirmation  as  a Stenographer  in   the   Subordinate   Court.   Under   such circumstances the appellant filed a writ petition before the High Court  of Rajasthan  praying that  the  respondents  be directed  to   declare  and   confirm  him   as  substantive stenographer Grade-II,  under the  1986 Rules.  It was  also prayed therein  that the respondents be directed to consider the appellant  for promotion  to the  post  of  Stenographer Grade-I in accordance with the 1986 Rules. The writ petition was contested  by respondents  1 and  2 on  various  grounds including  that  the  passing  of  the  examination  by  the appellant under the 1957 Rules is of no use to the appellant for the  purposes of  his confirmation under the 1986 Rules. However, the  learned single  Judge by  his order dated 12th August, 1991  allowed the  writ petition  and  directed  the respondents to  confirm the  appellant w.e.f.  the date  the substantive post  is available.  Aggrieved, respondent Nos.3 and 4  filed separate appeals against the judgment and order of the  learned single Judge and the 3rd appeal was filed by respondent  Nos.  1  and  2.  All  the  three  appeals  were consolidated and  heard together  and were  allowed  by  the

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Division Bench of the High Court of Rajasthan. The appellate court was of the view that passing of the qualifying test by the appellant which was meant for different service is of no consequence for the purpose of his confirmation in the cadre of Stenographer  in the  Subordinate Civil  Courts under the 1986 Rules. Consequently, the judgment of the learned single Judge was  set aside  and that  is  how  the  appellant  has approached this Court by way of Special Leave Petitions.      Learned counsel  appearing for the appellant reiterated the arguments  advanced before  the High Court, namely, that the qualifying  test prescribed  under clause (b) of Rule 10 of 1986  Rules being  exactly the same as provided under the 1957 Rules  and the  appellant having  passed the qualifying test held  by the  Rajasthan Public Service Commission under the 1957 Rules, he ought to have been confirmed in the cadre of Stenographers  in the  Subordinate Courts  under the 1986 Rules, ant he view taken by the Division Bench is erroneous. It was also argued that the appellant having put in about 17 years as  a Stenographer, he deserved to be confirmed in the service and he should not be allowed to suffer on account of the inaction  on the part of the High Court in not arranging for about  9 years  at the relevant time the qualifying test to be conduced by the Rajasthan Public Service Commission.      On the  first  argument  of  learned  counsel  for  the appellant the  question that  arises for  consideration  is, whether  the   appellant’s  passing   the  qualifying   test conducted by  the Commission for recruitment to the cadre of Stenographers in  the Subordinate Offices of the State Govt, under  1957   Rules  entitles  him  to  be  confirmed  as  a Stenographer in the Subordinate Courts under the 1986 Rules. The Rajasthan  Subordinate Offices  Ministerial Staff Rules, 1957 are meant for recruitment to the cadre of Stenographers in the  Subordinate Offices  of the State Government and are inapplicable  to   the  service   of  Stenographers  in  the Subordinate Courts  which is  clear from  Rule 4(b)  of 1957 Rules, which reads as under:      "4(b) ’  Subordinate Office’  means      any office  under  the  control  of      Government    other     than    the      Secretariat or  Office of the State      Legislature or  High Court  and the      Courts   subordinate   thereto   or      Public Service Commission."      Under the  aforesaid Rules  the High  Court,  the  sub- ordinate courts along with Secretariat, Offices of the State Legislature  and   Public  Service   Commission  have   been specifically excluded.      Admittedly,  the   appellant  being   and  employee  of Subordinate Civil Courts is governed by the 1986 Rules which relate to  recruitment to  the  cadre  of  Stenographers  in Subordinate Offices  of the State Government. The 1986 Rules provide  that   all  persons   appointed  to  the  cadre  of stenographers by  direct  recruitment  shall  be  placed  on probation  for   one  year   held  by   the  Commission  his probationary period  shall stand  extended. Relevant Rule in respect of  confirmation of  stenographers in the service of Subordinate Courts reads as under:      "28.  Probation   (1)  All  persons      appointed to  any cadre  by  direct      recruitment  or  promotion  against      permanent vacancies shall be placed      on probation for one year.      provided that a person who has been      regularly     recruited     against      temporary post  and has  put in two

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    years service  after  such  regular      recruitment shall  not be placed on      probation  on  conversion  of  such      post into  a permanent  one or on a      permanent vacancy  being  available      but  he  shall  be  confirmed  only      after   he    has   fulfilled   the      conditions of  confirmation as laid      down in Rule 31:      Provided further  that in  the case      of  recruitment  to  the  cadre  of      Stenographers   the    probationary      period shall  stand  extended  till      the    stenographers    pass    the      qualifying   test   held   by   the      Commission, unless  he is  reverted      or   removed    from   service   in      accordance with  the provisions  of      Rule 30."      The  aforesaid  Rule  makes  it  clear  that  unless  a stenographer working  in Sub-ordinate Civil Court passes the qualifying tested  to be  conducted  by  the  Commission  he cannot be  confirmed in  the service.  The  passing  of  the examination by the appellant for recruitment to the cadre of stenographers in  the Subordinate  offices  under  the  1957 Rules would  not confer  any benefit to him for the purposes of his  confirmation as  stenographer in  Subordinate  Civil Court as  1957 Rules are not applicable to the stenographers working in  Subordinate Civil  Courts. The  stenographers of subordinate offices  of the  State Govt, belong to different class, different  service and  appointed under the different set of  Rules and mere passing of the qualifying test by the appellant for  recruitment to  the cadre  of stenographer to the Subordinate  Offices of  the State  Government is  of no consequence for  his  confirmation  under  the  1986  Rules. Unless the  appellant passes  the qualifying test to be held by the Commission under the 1986 Rules, he has to be treated as  working   on  extended   probationary  period.  We  are, therefore, of  the opinion  that the  view taken by the High Court in  allowing the  appeals is  not wrong  in law but we think  it   should  have  passed  an  order  rectifying  its administrative laches.      Although nearly  17 years have now elapsed, neither the High Court  nor the  Commission  has  taken  any  steps  for holding qualifying test for confirmation of Stenographers in the service.  The appellant  and similarly  situated persons cannot be  allowed to  suffer on  account of the inaction on the part of the High Court and the Commission in not holding the qualifying  test for  purposes of  confirmation  of  the stenographers in  the Subordinate  Civil Courts.  under such circumstances, we  feel that the interest of justice will be met if  we direct the High Court of Rajasthan to request the Rajasthan Public  Service Commission  to hold the qualifying test under  the 1986 Rules without any delay. We accordingly direct the High Court of Rajasthan to write to the Rajasthan Public Service  Commission for  holding the  qualifying test for Stenographers  working in  the Civil  Subordinate Court, immediately on  receipt of certified copy of this order. The Rajasthan Public  Service Commission  on such  request being made by  the High  Court shall,  without any  further delay, hold the  qualifying test  for the  Stenographers working in the Civil  Subordinate Courts.  Since  there  is  inordinate delay in  holding the  qualifying test,  we direct  that the services of  the appellant  shall  not  be  dispensed  with, except for  disciplinary reasons and in accordance with law,

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until he has had an opportunity to appear for the qualifying test. So  far as  the seniority  and the  promotion  of  the stenographers in  the service  are concerned,  they would be determined in  accordance with the Rules after the result of the qualifying  test is  announced by  the Rajasthan  Public Service Commission.  With these observations and directions, the appeals  are dismissed. However, there shall be no order as to costs.