Cadre seniority follows substantive cadre vacancies, and temporary probation posts cannot defeat the direct recruit quota.

Recruitment quota and seniority in a mixed cadre were determined with reference to substantive vacancies in the permanent establishment, not temporary posts created for probationers. Temporary posts outside the cadre could not be counted for quota adjustment, and confirmation as a full member depended on vacancy in the permanent cadre. Excess officiating promotions by promotees were irregular and did not displace the quota reserved for direct recruits. On that basis, direct recruits were entitled to the unfilled vacancies within their quota and ranked senior to the promotees; the High Court view in their favour was maintained.

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Issues: Whether direct recruits to the Assistant Commissioner cadre were entitled to seniority against promotees on the basis of unfilled quota vacancies and whether temporary posts created for probationers could be treated as part of the cadre for working out the quota and seniority.

Analysis: The cadre consisted only of permanent posts. Temporary posts created to accommodate probationers during training were outside the cadre and could not be counted for quota adjustment or seniority. The governing rules required confirmation of a probationer as a full member only against substantive vacancies in the permanent cadre. The quota between direct recruits and promotees had to be worked out with reference to the permanent strength of the cadre and could not be displaced by the fact that promotees had officiated earlier in excess of their quota. Promotions made in excess of quota were irregular and did not entitle promotees to occupy vacancies reserved for direct recruits when direct recruitment was made.

Conclusion: The direct recruits were entitled to the unfilled vacancies within their quota and were senior to the promotees.

Final Conclusion: The appeals failed, and the High Court's decision upholding the seniority of the direct recruits was maintained.

Ratio Decidendi: Where recruitment rules prescribe a quota between two sources, seniority and confirmation must be worked out only against substantive vacancies in the permanent cadre, and temporary posts or excess officiating promotions cannot defeat the lawful quota of the other source.

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