TaxTMI 
TaxTMI 
2013 (5) TMI 1084
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....ng somewhat circumscribed the perceived avenues for promotion of Graduate Typists/Confidential Assistants to the post of Section Officer in the Administrative Secretariat, two affected Graduate Typists, who have since been promoted to even higher post in the Secretariat, have instituted the present appeal. 2. To unravel the controversy between the parties, a brief narration of the essential facts would be required. Initially, a Government Order (for short "G.O.") dated 10.1.1977 governed the method of promotions to the post of Section Officer in the Administrative Secretariat and also laid down the essential qualifications of the incumbents in the feeder category to be eligible for consideration for such promotion. The aforesaid G.O. dat....
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....al assistants who have already passed the suitability test and who are awaiting appointment as Section Officer. However, qualified and eligible graduate typists/confidential assistants will be appointed as Section Officers if eligible suitability test passed trained typists/confidential assistants are not available in their turn for appointment as Section Officer. 3. Clause (d) contained in the G.O. dated 17.6.1988 came to be subjected to different interpretations and understandings unravelling several ambiguities. The core of the controversy was with regard to the purport and effect of the exemption, namely, whether it gave a preferential right to Graduate Typists/Confidential Assistants for consideration for promotion and, if so, was t....
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....ain a preference in favour of the Graduates would amount to virtually setting at naught the effect of the initial orders which merely provided an exemption to the graduate typists/confidential assistants. The writ petition, therefore, was allowed with consequential directions to the State to give due benefits to the Petitioners (Respondents herein) and scale down the undue benefits that had already been conferred on the Graduates. Aggrieved, the Graduate Section Officers moved the High Court in its Letters Patent jurisdiction. The Division Bench by its order dated 01.02.2006 having affirmed the view taken by the learned Single Judge, the Graduate Section Officers have filed this appeal. 5. Efflux of time has resulted in a virtual erosion....
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.... dated 17.6.1988 merely exempted Graduate Typists/ Confidential Assistants from the requirement of passing the qualifying examination. The said G.O. did not give any priority/preference in the matter of promotion to the Graduates over the qualified Undergraduates/Non-graduates. The clarificatory G.O. dated 19.3.1998, though seeking to clarify and throw light on the confusion caused by reading the date of the G.O. i.e. 17.6.1988 as a cut off date for working out a preference in favour of the Graduates, had gone beyond the terms of the main G.O. dated 17.6.1988 by stating that it is only those Typists and Confidential Assistants who had passed the qualifying examination before 17.6.1988 who will be entitled to have priority over Graduate Typi....