Ramesh Chand Sanwal & Ors v. Delhi High Court Through Registrar General

J.R. MIDHA, J ki- . Page 17 o{17

^ IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.1735/2010 Decision: 8^'' December, 2011 RAMESH CI-IAND SANWAL & ORS. Petitioners Through : Mr. R.K. Saini, Mr. Vila-amSaini, Mr. Vikas Saini and Mr. K.G. Gopalakrishna, Advs. Versus DELHI HIGH COURT THROUCjH Rl^GISl^RAR GENERAL Respondent Through : Mr. Viraj Datar, Adv. COI^M: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA Gita Mittal, J (Oral) 1. ''The organization that fails to develop a satisfactory procedure for promotion is bound topay a severepenalty in terms ofadministrative costs, misallocation ofpersonnel, low morale, and ineffectiveperformance, among both non-managerial employees and. their supervisors." - Personnel Management, Dr. Udai Pareek, p. 277. hi the pronouncement reported at (1989) 4 SCC 635 while considering an issue relating to the failure of an employer to provide avenues for promotion for certain categories of employees, the Supreme Court .quoted the above which quotation is apt so far as the facts of the instant case are concerned, 'fhe petitioners are agonized by the failure of the respondents to provide an avenue or a channel for promotionfor the employeeswho have Page 1of1/ Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. i been appointed in ttie posts of Despatch Rider/Process Servors. 2. Before dealing with the specific contentions raised by the petitioner, certain essential facts are required to be considered. The process serving agency of the Delhi High Court was constituted in the year 2000 with the objective of effecting service of process efficiently and in a time bound manner. For this purpose, the respondent created 10 posts of "Despatch Rider/Process Servers". Pursuant to recommendations of the Selection Committeeof the respondentswhich were approved on 15^'^ March, 2000, this post came to be included in the Delhi High Court Estabhshmcnt (Appointmentand Conditions of Service)Rules, 1972 at serial no.23A. The prescription in the rules made by the respondents in respect of the minimum eligibility requirements, as well as the mode of appointment, may be I usefully exti-actedin extenso and reads as follows Sl.No. 23-A Category of post Despatch Rider/Proc ess Server (Selection Post) Minimum qualification prescribed for the appointment to the post a. For members of the Establishment of the High Court: Matric/highei- Secondary with 3 years service in any of the post of Despatch Van Driver (Rider) and categories 24 A to 32 i.e. 24 A (Gestetnor Operator Grade-II) 25 and 27 (Usher), 26(Library Attendant), (Court Attendant), • (Room Attendant), 30 (Security Attendant) 31, (Safaiwala) and 32 (Lawn Attendant) of Class-IV mentioned in Schedule-1, with valid driving licence of light motor Mode of appointment. a.50% of the vacant posts by selection from the incumbents of categories of posts specified in column on the basis of written test, driving lest and interview, failing which, posts will Page 2 of 1'/ vehicles/niotor cycle and years unblemished driving experience. b. For direct recruits: Matric/Higher Secondary with Driving Licence of light motor vehicles/motor cycle and 2 years unblemished driving experience. be filled up trom direct quota. b. 50% of the vacant posts by selection on the basis of written test driving test and interview. Applicationswere accordinglyinvited,vide a circulardated 3'^ April, 2000, from members of the establishment of the court for filling up the said posts. At the sametime, applicationsfor appointmentas directrecruitswere invited through an advertisement published in national dailies for filling up five posts. The appointments of the Despatch Rider/Process Servers were effected in terms of the aforenoted rules, upon their satisfactorily undertakinga writtentest as well as an interview. We are informedthat the 10 notified vacancies were filled up from both the streams i.e. by direct recruitment through an open exa