JUDGMENT
Vijender Jain, J.
1. The petitioner is aggrieved by the impugned order passed by Central Administrative Tribunal rejecting his O.A. on the ground that the petitioner was to take a typewriting test to be eligible for promotion to the post of Personal Assistant. The petitioner had earlier filed an O.A. when the petitioner was not promoted in terms of the rules of the respondent, inter alia, on the ground that the petitioner was though working as a Stenographer (Grade -D) with the respondent since 6.7.1994, the respondent had denied promotion to the petitioner to the post of Personal Assistant from the due date. The said OA was allowed on 8.2.2001 with the direction to the respondent to consider the claim of the petitioner for promotion to the post of Personal Assistant in the sixth post i.e. the post of Stenographer (Grade -D) Hindi for which he has to be considered in accordance with the rules and instructions subject to fulfilllment of the conditions mentioned therein. Pursuant to the direction passed by the C.A.T. instead f promoting the petitioner, the respondent insisted the petitioner to undertake a typewriting test which, according to the petitioner, was not as per the rules for promotion for the post of Personal Assistant. When the respondent did not promote the petitioner, the petitioner again filed an O.A., the reference of which we have given above and the same is impugned before us as the said O.A. was dismissed.
2. To understand the controversy in proper perspective, it is relevant to quote the rule regarding promotion for this post. Relevant Rule-13 is to the following effect :
13. In case of recruitment by promotion/deputation / transfer, grades from which promotion/ deputation/ transfer to be made
(i) Promotion: From amongst Grade ‘D’ Stenographers with at least 5 years regular service in the grade.
(ii) Transfer on deputation: From persons holding analogous posts in the Central Government.
(iii) One post of Personal Assistant will be exclusively filled by promotion of Hindi Stenographer Grade ‘D’.
3. From the perusal of the aforesaid rule, in case of promotion the only requirement is that the person working as Hindi Stenographer should have at least five years regular service in Grade-D. It is not disputed before us that the petitioner was in Grade-D since 6.7.1994 and in terms of the aforesaid rule, he was entitled to be promoted on 7.7.1999. Ms. Palli, learned counsel for the respondent, in view of the order passed by this Court on 21.4.2004, has filed a supplementary affidavit and the explanation for imposing a condition of test as a pre-requisite for promotion has been based on interpretation of Rule-13 of the President’s Secretariat (Recruitment and Conditions of Service) Rules, 1976 which is to the following effect :
13. Conditions of Service-(a) General- In respect of all matters regulating the conditions of service of officers for which no provision has been made in these rules, the officers shall be governed by such rules as are applicable to the officers holding post in the corresponding scales of pay in the Central Secretariat, subject to such modification, variations or exceptions, if any, in any such rule, as the President may, from time to time by orders specify.
4. On the basis of the aforesaid rule, it was contended before us by learned counsel for the respondent that when no provision has been made in this rule, the officers shall be governed by such rules which are applicable to the officers holding post in corresponding scale of pay in the Central Secretariat Services. What has been contended before us is that as no test is provided in the rules regarding promotion to the post of Personal Assistant that can be filled by relying or invoking Rule-13 of the said rules. At the outset, the contention of the respondent is fallacious. Conditions of service and rule relating to promotion operate in two different fields. Promotion is not a condition of service. Promotion has to be granted in terms of the rules regrding promotion. When the rule relating to promotion occupies the field, no reliance can be placed on a residuary provision of the rules pertaining to the conditions of service. The C.A.T. fell in error by not recognising this fact that there was no provision of a test in the rule regarding promotion. More so, the petitioner has been working as a Hindi Stenographer. There was no complaint of in competency against him. He is the only person in the department who was to be promoted to the said post. The reliance placed by the CAT with regard to his initial appointment or his subsequent transfer to the Vice-President’s Secretariat or thereafter to the President’s Secretariat was not at all relevant for adjudicating the controversy regarding his promotion according to the rules. What the petitioner was agitating for his promotion was that as he had been absorbed in the President’s Secretariat from 6.7.1994 in Grade-D Hindi Stenographer, he was entitled to be promoted to the post of Personal Assistants per rules. This is neither disputed nor denied by the respondent, therefore the impediment of type writing test could not be created in his case. In the result, we set aside the order of C.A.T., allow this writ petition and direct the respondent to consider the petitioner for promotion for the above said post from the due date without insisting on typewriting test. The rule is made absolute.
5. The writ petition is allowed.