Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | recruitment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | M.P. State Industries (Gazetted) Service Recruitment Rules, 1985: Rule 6(2}-Schedule II: Interpretation of.Directorate of M.P. Industries-Deputy Directors-Recruitment of-50% by Direct recruitment and 50% by Promotion-Held Rule 6(2) read with Schedule II relates to maintenance of proportion between direct recruits and promotees in the total strength of cadre-It does not pertain to filling up of vacancies whenever they occur. Rule 6(1) of the Madhya Pradesh State Industries (Gazetted) Service -( Recruitment Rules, 1985 provides that recruitment to the service shall be (a) by direct recruitment (b) by promotion and (c) by transfer. Rule 6(2) provides that the number of persons recruited by promotion or transfer shall not at any time exceed the percentage shown in Schedule II of the E number of duty posts specified in Schedule I. Schedule II mentions that the percentage of the duty posts of Deputy Directors to be filled. in by promotion would be fifty and that to be filled by promotion would also be fifty. In the Directorate of Industries of Madhya Pradesh the strength of cadre of Deputy Directors was 57 at the relevant time. 28 posts were held by promotees and 21 by direct recruits. To conform to the provisions of Rule 6(2) the Government filled the eight vacant posts of Deputy Directors only the said by direct appointments recruitment. contending The Respondent-Assistant that Rule 6(2) read Directors with Schedule challenged II - requires that whenever vacancies occur in the post of Deputy Director, they should be filled in 50% by direct recuitment and 50% by promotion from the Assistant Directors and since all the eight vacancies were filled in only by direct recruitment in violation of Rule 6(2) they were denied their legal right to promotion to the post of Deputy Director. On behalf of the State and directly recruited Deputy Directors it was contended that Rule 6(2) read with Schedule II requires that the strength of cadre of Deputy Directors should at any point of time consist of not more than 50% promotees and the transferred employees and since at the relevant time 28 incumbents were promotees and the other 21 incumbents were direct recruits the direct recruitment of eight Deputy Directors was in conformity with Rule 6(2). The Madhya Pradesh State Tribunal held that Rule 6(2) requires that 50% of the vacancies on every occasion should be filled by direct recruits and promotees respectively. Therefore, four out of the eight posts of Deputy Directors should go to respondent-Assistant Directors for being filled in by promotion. Again the order of the Tribunal appeals were filed in this Court. |
Judge | Hon'ble Mr. Justice P.B. Sawant |
Neutral Citation | 1992 INSC 132 |
Petitioner | State Of Madhya Pradesh And Ors. |
Respondent | A.k. Rajoriya And Anr. |
SCR | [1992] 2 S.C.R. 854 |
Judgement Date | 1992-04-28 |
Case Number | 1875 |
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