The said facts need number be recited once again but in so far as the issues raised in the present appeal is companycerned the following facts and events will have to be numbericed.
However, to minimise the impact on the serving incumbents, the High Court administration had suggested intermediary dates for grant of benefits to the Junior Translators which dates, in its perception, would be a fair implementation of the order passed in W.P. C No.1218 of 1989.
As there was an interim order in the writ petition i.e. C.W.P. No.1218 of 1989 to the effect that promotions made during the pendency thereof would be subject to the final orders as may be passed in the writ petition, the question of companysequential relief and adjustment of seniority including review of the promotions made arose for decision.
In these circumstances this appeal is closed in terms of the order passed in Civil Appeal No.
A decade later i.e. with effect from 16.3.1988 the Rules were once again amended to provide for 100 promotion to the post of SJA, from Treasurers UDCs having 5 years service.
7841/2011 seeks implementation of the order dated 23.10.2009 passed in W.P. C Nos.
The administration of the High Court resisted the claim of the appellants by companytending that some amount of setback for the incumbents in the cadre of AOJ CM companying from other streams is inevitable in a situation where one eligible class i.e. Junior Translators had been overlooked for promotion to the cadre of SJA which is the feeder cadre for further promotions.
The appellant has also retired from service in the meantime.
The selection was to be made on the basis of a test from members of the High Court establishment with minimum 5 years of service.
The Bench further held that to give effect to the Courts order dated 16.10.1998 necessary companyrections were required which were so made by the order dated 23.10.2009 passed in W.P. Nos.4077 84 of 2004.
of 2014 Arising out of SLP C No.3202/2014 Leave granted.5838 of 2012 The Delhi High Court Establishment Appointment Conditions of Service Rules, 1972 hereinafter for short the Rules came into effect from 1.9.1972.
iii Consequent to the above, while the aforesaid Junior Translators were number promoted, 8 others who had participated in the same selection were promoted to the cadre of AOJ CM in the year 2002.
Two Junior Translators, Atul Kumar Sharma and M.M. Beg challenged the amendment of the Rules made in the year 1998 by filing a writ petition i.e. W.P. No.
Though some other Junior Translators, after they were numberionally promoted to the cadre of SJA, had participated in a process for promotion to the cadre of AOJ CM held on 09.09.2000 and 25.08.2001 pursuant to the decision taken by a Committee of Judges for implementation of the order dated 16.10.1998 in C.W.P. No.1218 of 1989 , the selection in so far as the aforesaid Junior Translators is companycerned was number finalised as they were number interviewed.
Civil Appeal No.
By separate orders passed today in Civil Appeal No.
The Rules provided for 100 selection to fill up the post of Assistants later designated as Senior Judicial Assistants SJA .
As the same was number done at the required point of time, the promotion of such Junior Translators to the higher cadre of AOJ CM was delayed.
The short ground urged was that the promotional avenue for Junior Translators to the cadre of Senior Translators being extremely limited in view of the limited number of posts in the promotional cadre, the amendment of the Rules providing for filling up all the posts in the cadre of SJA by promotion from the cadre of Treasurers UDCs offended the rights of the writ petitioners under Articles 14 and 16 of the Constitution as the said amendment had deprived the Junior Translators of an avenue of advancing to a higher equivalent post i.e. SJA.
The writ petition was disposed of on 16.10.1998 in the following terms.
It was also observed that if promotions to the Junior Translators under the 1978 Rules had been made at the time when such promotions were due, the companycerned incumbents would have been promoted to the higher cadre of AOJ CM much earlier than the appellants.
Such promotion was to be made on the basis of seniority cum suitability from the cadre of Treasurers UDCs with minimum 5 years service the remaining 50 of the cadre was to be filled by selection, as earlier.
What happened during the interregnum has been elaborately recited in the order dated 23.10.2009 of the Division Bench of the High Court disposing of the aforesaid writ petitions i.e. W.P. C No.4077 84 of 2004.
1218/1989.
5838/2012.
In 1978 i.e. from 20.9.1978 the Rules were amended by providing avenues of promotion to fill up the post of SJA to the extent of 50.
5838/2012, the impugned order dated 01.06.2012 has been affirmed.
The criteria of promotion remained the same i.e. seniority cum suitability.
4077 84/2004 and is aggrieved by the modifications made to the said order by the impugned order dated 01.06.2012.
By the impugned order dated 01.06.2012 the Bench held that Junior Translators were required to be companysidered for promotion to the cadre of SJA by selection in accordance with the 1978 Rules in terms of the order dated 16.10.1998 passed in C.W.P. No.1218 of 1989.
The companye relief prayed for in the aforesaid writ petitions was due implementation of the judgment dated 16.10.1998 in C.W.P. No.1218 of 1989 in so far as seniority and promotion of Junior Translators is companycerned.
The attempts made to implement the judgment, evidently, did number satisfy the writ petitioners hereinafter referred to as the Junior Translators which led to a second approach to the High Court by means of another set of writ petitions i.e. W.P. C Nos.4077 84 of 2004.
The overlooked Junior Translators were promoted to the same cadre subsequently.
A few promotions 2 or 3 in number from the cadre of Junior Translator to SJA were made on the basis of a departmental test selection held on 16.08.2000.
