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5. Due to shortage of Stenographers in the Secretariat Service, the special promotees, who were working as LDCs/UDCs, were appointed as Stenographers on ad hoc basis, on various dates between 17.3.1978 and 5.5.1979, and were paid the special pay of Rs.30 per month from 19.6.1978 onwards. On 29.2.1980, Rajasthan Public Service Commission (`RPSC' for short) invited applications for 86 posts of stenographers. After conducting an examination, RPSC appointed several stenographers by way of direct recruitment. The special promotees, who were then working as ad-hoc stenographers, applied in response to the said advertisement and participated in the examination, but were not successful and were not selected. As and when the directly recruited stenographers were given postings, the special promotees working as ad-hoc stenographers were reverted from the post of Stenographers to their substantive posts as LDCs/UDCs in the years 1981 and 1982.

6. When proviso (5A) was amended on 23.1.1985 providing that persons who were holding the post of Stenographer either in temporary or adhoc capacity in Rajasthan Secretariat on or before 23.5.1979 could be appointed on substantive basis, the special promotees (who had been reverted as LDCs/UDCs in 1981-82) expected that they will be considered for substantive appointment as Stenographers, as they fulfilled the requirements proviso (5A). But when proviso (5A) was further amended on 18.9.1987 clarifying that only those who were working as Stenographers on or before 23.5.1979 and who continued to hold the post as on 23.1.1985, were eligible for consideration under proviso (5A), they felt that their "right" to be considered for appointment as Stenographers on substantive basis was taken away, as they were not working as ad-hoc stenographers upto 23.1.1985 though they were holding the post of Stenographer on adhoc basis on 23.5.1979. Therefore some of the special promotees approached the Rajasthan High Court and filed WP No.2116/1989 challenging the amendment dated 18.9.1987 to proviso (5A) to Rule 5 of the Rules. The said writ petition was allowed by a Division Bench of the Rajasthan High Court on 7.8.1991 striking down the amendment dated 18.9.1987 to proviso (5A) as being unconstitutional. As a consequence, the High Court directed the State Government to consider the writ petitioners (promotees) who were working as LDCs/UDCs for substantive appointment as Stenographers in accordance with the Rules, as amended on 23.1.1985 and if as a result of such consideration, they were found suitable, they should be appointed as Stenographers with consequential benefits.

14. The order of the High Court dated 7.8.1991 was construed by the State Government as directing consideration of the special promotees for substantive appointment as stenographers, if they were in service on or before 23.5.1979 and their work was satisfactory and they possessed the qualifications prescribed in that proviso.

15. The special promotees who were earlier working as LDCs and UDCs were assigned to work against sanctioned vacant posts of stenographers on ad hoc basis in the year 1978-79 to 1981-82 pending regular recruitment by granting them a special pay of Rs.30/-. When they were so required to work as stenographers on ad hoc basis with special pay of Rs.30/- in the years 1978 and 1979, proviso (5A) to Rule 5 was inapplicable to them, as at that time, proviso (5A) empowered the appointing authority to make substantive appointment to the post of stenographers against available vacancies, only from among those who were holding the post of stenographers either in temporary or ad hoc capacity in the Rajasthan Secretariat on or before 31.7.1977. As none of the 22 special promotees was holding the post of ad hoc stenographers on 31.7.1977 and all were appointed as ad-hoc stenographers only between 17.3.1978 and 5.5.1979, they could not be considered under proviso (5A) for appointment on regular basis. As they were required to work as stenographers purely on ad hoc basis from the years 1978 and 1979, pending regular recruitment and the regular recruitment was in fact done by the Public Service Commission in pursuance of advertisement dated 29.2.1980, they were all reverted from the post of ad- hoc stenographers to their original positions as LDCs and UDCs in the years 1981-82. As noticed above these 22 special promotees who were working as ad-hoc stenographers in 1980, applied for direct recruitment against the advertisement dated 29.2.1980, but none of them was successful in the examinations and consequently were not appointed against the direct recruitment vacancies filled by RPSC. Significantly, none of the said 22 LDCs/UDCs working as ad-hoc stenographers who were reverted back as LDCs/UDCs in 1981-82 challenged their reversion and their reversion attained finality.

16. Only when proviso (5A) to Rule 5 was further amended on 23.1.1985, by changing the cut off date as 23.5.1979 instead of 31.7.1977, the special promotees became eligible for being considered for substantive appointment to the post of stenographers under proviso (5A). But proviso (5A) did not create a right in those who were working as ad-hoc/temporary stenographers on or before 23.5.1979 for consideration and appointment. As noticed above, the appointment to the post of stenographers was 50% by direct recruitment and 50% by promotion from amongst LDCs and UDCs. Proviso (5A) merely enabled the appointing authority, if he so desired or found it necessary to make substantive appointment as stenographer, anyone who was working as ad hoc/temporary stenographer in the Rajasthan Secretariat on or before 23.5.1979, subject to fulfillment of three conditions : (i) that there were vacancies in the post of stenographers; (ii) that the appointing authority found that the work of such temporary or ad hoc stenographer was satisfactory; and (iii) that the ad hoc/temporary stenographer possessed the required qualifications on the date when he was considered for such substantive appointment. Proviso (5A) starts with the words "that nothing in these rules shall preclude the appointing authority for making substantive appointment to the post of stenographer". This shows that proviso (5A) is purely an enabling provision which gives the option or liberty to the appointment authority to fill any vacant post of stenographer by making a substantive appointment of a person who had worked as ad-hoc/temporary stenographer on or before 23.5.1979 and possessed the prescribed qualification at the time of substantive appointment.