AIR 2005 SUPREME COURT 245 ::2004 AIR SCW 6796 ::2005 LAB. I. C. 456 ::(2005) 104 FacLR 309 ::2005 (9) SCC 702 ::2005 SCC (L&S) 726 ::2004 (10) Scale 288 ::2005 (2) GauLT 8 ::(2005) 1 CTC 73 (SC) ::2005 (1) CTC 73 ::2005 (1) LabLN 97 ::(2005) 1 JCR 151 (SC) ::(2005) 1 SCJ 139 ::(2005) 1 SCT 301 ::2005 (1) ServLR 361 ::2004 (7) SLT 643 ::2004 (8) Supreme 789 ::(2005) 27 AllIndCas 312 (SC) ::2005 (27) AllIndCas 312 ::2005 (2) SRJ 194

Supreme Court Of India

(From : Gauhati)*

Hon'ble Judge(s): K. G. Balakrishnan, Ar. Lakshmanan , JJ

Constitution of India , Art.229— Gauhati High Court (Appointment, Conditions of Service and Conduct) Rules (1967) , Sch.I, S.2(b)— Promotion - Can be given only to a post mentioned in Schedule - There is no promotional post as such as Private Secretary to Chief Justice with different scale of pay at relevant time - Post of Stenographer Grade I re-designated as Private Secretary - Appellant posted as Stenographer Grade I and Private Secretary to Chief Justice with scale higher than seniors/respondents holding post of Stenographer Grade I - Appellant cannot be said to have been promoted superseding claims of seniors/respondents - More so, when claims of respondents were not considered when such promotion was effected. (Para 5)