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Judgment
D. K. Seth, J.—Mr. Vinod Sinha, learned Counsel for the petitioner, relying on a Government Order dated 27121990 contained in AnnexureS.A.2, contends that senior most stenographer should be attached with the senior most officer. He also relies on Government Order dated 15495 contained in Annexure3 to the writ petition and submits that a serious exception is taken in respect of nonattachment of senior stenographer with senior officers and a direction is issued to the concerned officers to attach senior stenographer with senior officers and follow the said instruction strictly. Relying on the said Government Orders, Mr. Sinha contends that the petitioner having been senior most stenographer, should be attached with the District Magistrate, instead he was attached with A.D.M. (Finance) who is junior to the District Magistrate.
Learned Standing Counsel on the other hand contends that the said Government Order is only an instruction and the same is to be followed as far as the administration permits. Relying on paragraph 9 of the counteraffidavit, he submits that there are four senior officers namely District Magistrate, A.D.M. (Finance). A.D.M. (Administration) and Chief Revenue Officer. Therefore, the petitioner having been attached with A.D.M. (Finance) which is one of the senior officers, he cannot have any grievance.
The Government Orders relied on by the petitioner is instruction and guidelines which do not have statutory force of law as held in the case oIMahavir Shah v. Conservator of Forest, 1997 (30) ALR 325 (All) and Union of India v. S.L. Abbas, 1993(3) it SC 678 and therefore, not enforceable in the writ jurisdiction.
Attachment is made on administrative ground. It is for the administration to decide as to who will be properly placed where. These are purely administrative decisions with which this Court cannot interfere particularly when such attachment does not affect services of the petitioner in any manner for the purpose of promotion or in respect of remuneration or otherwise. The Government Order (S.A.2) provides that promotion is to be given on the basis of seniority subject to rejection of unfit. Therefore, the petitioner''s attachment with A.D.M. (Finance) does not mean that he has been lowered down in the seniority. As and when the question of promotion arises, it is immaterial as to who was attached with whom. It is the seniority, according to which the promotion question is to be decided.
Thus, no case is made out for interference in the writ jurisdiction. The petition fails and is accordingly dismissed. No order as to costs.