Statutory promotion rules prevail over executive instructions, and unfilled promotional quota supported retrospective L.T. Grade promotion.

Statutory service Regulations governed promotion from C.T. Grade to L.T. Grade and required five years' continuous substantive service plus the prescribed subject qualification; an executive pay-scale notification could not override those requirements, and the teacher satisfied them. On the promotional quota issue, the uncontroverted pleadings and affidavit evidence, together with the presumption of regularity, showed that less than 40% of sanctioned L.T. Grade posts had been filled by promotion when the vacancy arose, so the quota was not exhausted. The teacher was therefore entitled to be treated as promoted from the date the selected candidate was appointed, with consequential service benefits, without disturbing that appointment.

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Issues: (i) whether the appellant was eligible for promotion to the L.T. Grade post of teacher in Home Science; and (ii) whether the post ought to have been filled by promotion having regard to the 40% promotional quota.

Issue (i): whether the appellant was eligible for promotion to the L.T. Grade post of teacher in Home Science

Analysis: Promotion from C.T. Grade to L.T. Grade was governed by the statutory Regulations, which required five years' continuous substantive service and possession of the prescribed minimum qualifications for teaching the subject. The executive notification revising pay scales could not override the statutory qualifications prescribed in the Regulations and therefore could not be treated as controlling the eligibility for promotion. The appellant held the teacher's certificate in Home Science and had the requisite continuous service on the relevant date.

Conclusion: The appellant was eligible for promotion and the contrary view was incorrect.

Issue (ii): whether the post ought to have been filled by promotion having regard to the 40% promotional quota

Analysis: The pleadings and affidavit evidence showed that the respondents did not dispute the appellant's assertion that the promotional quota had not been fully utilised. The appointments of teachers who lacked the requisite lower-grade service could not be presumed to be promotions in disregard of the Regulations; the presumption of regularity supported the conclusion that such appointments were by direct recruitment. On that basis, less than 40% of the sanctioned L.T. Grade posts were filled by promotion when the vacancy arose.

Conclusion: The vacancy should have been filled by promotion and the appellant's claim on the promotional quota was accepted.

Final Conclusion: The appellant was wrongly denied promotion and was entitled to be treated as promoted to the L.T. Grade post with effect from the date on which the selected candidate was appointed, together with consequential service benefits, without disturbing the selected candidate's appointment.

Ratio Decidendi: Statutory service Regulations governing promotion prevail over inconsistent executive instructions, and in the absence of a rebuttal, uncontroverted pleadings supported by the presumption of regularity may establish that the promotional quota was not exhausted.

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