High CourtsDivision Bench(2011) 03 DEL CK 0092

Kailash Chander and Others vs Union of India (UOI) and Others

Delhi High Court · Decided on 29 March 2011

HON’BLE JUDGES
Veena Birbal, J · Anil Kumar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 13245-60 of 2005

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Judgment

6 paragraphs · 269 words

Anil Kumar, J.—The Petitioners had contended before the Tribunal that for Limited Departmental Competitive Examination (for short LDCE) for the post of Section Officer of CSS, Stenographer (Grade ''A'' and ''B'') of Central Secretariat Stenographers'' Service were eligible. It was also contended that whereas Assistants of CSS were eligible to appear in the LDCE only for the posts of Section Officer, however, Stenographers Grade ''C'' of CSSS were eligible to appear for both the posts of Section Officer and Stenographer Grade ''A'' and ''B''.

2.

The Petitioner, therefore, sought the direction to the Respondents to defer the decision on the stoppage of lateral entry of officers of Stenographers Service into CSS as the same was alleged to be illegal, arbitrary and malafide. They also sought direction to the Respondents to accept the recommendations and to declare the additional 638 posts created in pursuance of the recommendations of the Expert Committee to reduce/remove stagnation in the Assistant Grade in CSS.

3.

The Tribunal, while disposing of the writ petition, had held that matter was governed by statutory rules, since the rules had not been amended, therefore, the recommendations could not be enforced through the order of the Tribunal till the recommendations are translated into a right by amending the rules. With these observations, the Tribunal dismissed the original application of the Petitioners.

4.

On 10th July, 2007, the Petitioner had sought an adjournment to discuss about further prosecution of the writ petition with his counsel. No one is present today.

5.

The writ petition is, therefore, dismissed in default.

6.

All the pending applications, if any, are also disposed of.