Stenographers are ineligible for promotion to Auditor grade via departmental examination if not prescribed as a feeder category.

The applicant was appointed as a Stenographer Grade-II in 2009 through the Staff Selection Commission.

In September 2014, he was transferred to the Office of the Controller of Defence Account (CDA), Guwahati.

The applicant alleged stagnation in his post for nine years without promotional avenues.

On May 7, 2018, the respondents issued a circular for a departmental examination to promote Graduate Clerks and Graduate MTS to the post of Auditor under a 10% quota.

The applicant requested permission to appear for the exam, which was denied by the respondents via letters dated June 5 and June 20, 2018, on the grounds that Stenographers are not in the feeder grade for the Auditor post.

The applicant challenged these orders, seeking inclusion in the promotional process.

1. Whether the post of Stenographer Grade-II, being part of the "clerical service," entitles an incumbent to appear for the departmental competitive examination for the post of Auditor under the 10% quota.

2. Whether the exclusion of Stenographers Grade-II from the feeder category for promotion to the Auditor grade is arbitrary or discriminatory.

The court interpreted the Defence Accounts Department Office Manual Part-I (revised edition 2014), specifically Para 103, which defines "Clerical Service" as encompassing Senior Auditors, Auditors, Clerks, Typists, Stenographers, and MTS.

It further applied the statutory Recruitment Rules found in SRO No. 23 dated 03.05.2016, which stipulates that the 10% promotional quota for the Auditor grade is reserved exclusively for Graduate Clerk-cum-Typists and Graduate MTS who pass the departmental examination.

The Tribunal analyzed the organizational structure and recruitment rules of the Defence Accounts Department. While the applicant argued that Para 103 of the Office Manual classifies Stenographers and Clerks under the same "Clerical Service" umbrella, the Tribunal found that such a classification does not automatically grant eligibility for all promotional examinations.

The court reasoned that Stenographers Grade-II have a distinct line of promotional channels separate from those of the Auditor cadre.

Applying SRO No. 23 of 2016, the Tribunal observed that the statutory eligibility criteria for the 10% auditor quota are restricted to Graduate Clerks and Graduate MTS. Consequently, since the applicant did not satisfy the specific feeder grade requirements mandated by the Recruitment Rules, the denial of his application was neither arbitrary nor discriminatory.

The Tribunal answered the issues in the negative, finding no merit in the applicant’s claim for parity with Graduate Clerks or MTS. The Original Application was dismissed, and no order as to costs was made.