N.J. Jamadar JUDGMENT
N.J. Jamadar, J.
1. Rule. Rule made returnable forthwith and with the consent of the learned counsels for parties, heard finally.
2. The petitioners, who are working on the establishment of this Court as 'Personal Assistants', have filed this petition taking exception to the prescription of shorthand test, as a selection criteria, for promotion to the post of 'Private Secretary' to the Judges of this Court.
3. Before institution of this petition, the petitioners had submitted a representation to the High Court Administration on 3rd September 2018 for dispensing with shorthand test for promotion to the post of Private Secretary to the Judges. The High Court Administration, by communication dated 11th February 2019, informed the petitioners that the representation dated 3rd September 2018 was considered by the Administrative Judges' Committee in its meeting held on 23rd January 2019, and it has been decided to reject the said representation. The petitioners have, thus, assailed the said communication, dated 11th February 2019 and have sought a declaration that Rule 13 of the High Court Appellate Side Service Rules, 2000 (hereinafter referred to as 'the Service Rules, 2000') does not envisage holding of a shorthand test, and a consequential direction to the High Court Administration that the petitioners be promoted to the post of Private Secretary without conducting shorthand/typing test.
4. The background facts giving rise to the present petition, can be stated, in brief, as under:-
(A) The petitioners claim that, since the date of their entry in the service, they are working on the post of "Personal Assistant". Prior to 25th October 1982, there were only two cadres, namely, "Court Stenographer", an entry level post, and "Personal Assistant", a further diversional post, both carrying one and the same pay-scale of Rs. 750-1150. The lack of promotional avenues led to stagnation and frustration among the persons holding the said posts. Thus, promotional posts of 'Personal Secretary' and 'Private Secretary' carrying a higher pay-scale, were created with effect from 25th October 1982. The cadre then consisted of:
(B) The petitioners assert that since underlying purpose of creation of promotional posts of Personal Secretary and Private Secretary, was removal of frustration among the Personal Assistants, upto the year 1991 those posts were filled on the basis of well recognized and accepted principle of seniority, without holding shorthand test and even viva-voce. For the first time in September 1991, the following criteria came to be prescribed for promotion to the post of Private Secretary:-
"The Criteria for promotion shall be merit-cum-seniority to be adjudged with reference to confidential records and dictation-typing and interview tests. Leave and attendance records shall also be taken into consideration."
(C) The aforesaid criteria was challenged by one Mr. B.S. Nayak. This Court upheld the challenge to the prescription of the said criteria. In an appeal by the High Court Administration, the Supreme Court in The Honourable Chief Justice of Bombay Vs. B.S. Nayak and Others MANU/SC/1157/2001 : (2001) 9 SCC 763 set aside the decision of the High Court and observed inter-alia that in the absence of any rules framed by the Court or the Hon'ble Chief Justice, the direction of the Hon'ble Chief Justice operates in the field of appointment. That being the position, the Hon'ble Chief Justice was within his jurisdiction in deciding the norms of merit-cum-seniority for filling up the posts of Private Secretaries.
(D) The petitioners fu........