Promotion experience relaxation under service rules may apply when full experience is unavailable and public interest supports filling the post.

Rule 11-A(2) treats minimum experience as the normal requirement for promotion, but its proviso allows relaxation where candidates with full prescribed experience are unavailable and promotion is in public interest. The provision must be read harmoniously so the proviso has practical effect, enabling the appointing authority to relax the remaining one-third of the experience period, record reasons in writing, and consider otherwise eligible candidates who have completed at least two-thirds of the prescribed experience. On that construction, claims for promotion had to be considered under the relaxed standard.

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Issues: Whether the proviso to Rule 11-A of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1985 permits relaxation of the minimum experience requirement for promotion where eligible candidates with at least two-thirds of the prescribed experience are available and public interest requires filling the post by promotion.

Analysis: Rule 11-A(2) prescribes minimum experience as the normal rule for promotion to higher posts. The proviso is an enabling provision that operates where the appointing authority is satisfied that candidates with the full prescribed experience are not available and that promotion is in public interest. The main rule and the proviso must be read harmoniously so that the proviso is not rendered otiose. On that construction, the appointing authority may relax the remaining one-third of the experience period, record reasons in writing, and consider promotion of otherwise eligible candidates who have completed not less than two-thirds of the prescribed experience.

Conclusion: The proviso authorises relaxation of the balance experience requirement in appropriate cases, and the respondents' claims for promotion were required to be considered accordingly.

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