Sir,
Mr.X was appointed as LGC in the A&N Administration in the year 1991 on direct recruitment. In the year 1992, he again recruited and appointed as Steno and got promotion as Steno (SG) in the year 2000. In order to manage the court proceeding, the Administration placed him on diverted capacity in the Judicial Department, which absolutely coming under HighCout,at Calcutta from 1992 to 2000. However, he was drawing salary from the A & N Administration. A permenant establishment of Circuit Bench of Calcutta HIgh Court was setup in the year 2000. Recruitment process was initiated in the year 2002. Considering his past experinece in the Court proceeding, Mr.X was recruited and absorbed in the establishment of Circuit Court. As such he was ceased to be an employee of A & N Administration from the date of his absorption in the HighCourt. His service condition is being governed by the High Court. As per RR, he is entilted to get promotion or to get MACP/ACP/CAS after completion of 8 years. He made representation and the same was rejected on the ground that the service rendered by hims in A & N Administration has been taken into consideration from the post of LGC - Steno - Steno (SG)- AR(Court)..
(1) The action taken by the High Court is correct in rejecting the prayer of Mr.X.
(2) Since Mr.X was recruited and absorbed permanently in the post of Asst.Registrar(Court), can he entitle to get MACP/ACP/CAS after completion of 8 years as per RR.
(3) what is the remedy. If yes, please post me some citation/authority.
Please advice me.
