Service regularisation and seniority rules: blanket executive approval fails, but promotee service within quota may be regularised retrospectively.

Recruitment rules requiring consultation with the Public Service Commission could not be bypassed by a blanket executive order regularising ad hoc promotee service, and implied relaxation could not validate wholesale regularisation dehors the rules. The quota arrangement was held not to have broken down merely because of administrative delay, and no rota rule could be implied from practice contrary to the service rules. Ad hoc or stop-gap promotee service within quota could, however, be regularised retrospectively after lawful consultation if the officer was eligible and suitable, with seniority governed by the applicable rules. Direct recruits could not claim appointment or seniority from the date a vacancy arose before their actual selection.

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Issues: (i) Whether the State could regularise the entire ad hoc or stop-gap service of promotee Assistant Engineers and Assistant Executive Engineers by executive order without consulting the Public Service Commission, and whether recruitment rules could be impliedly relaxed; (ii) Whether the quota rule had broken down and whether a rota rule could be implied into the service rules; (iii) Whether ad hoc or stop-gap promotee service beyond six months could be regularised retrospectively within the promotee quota and counted for seniority; (iv) Whether direct recruits could claim seniority or appointment from the date a quota vacancy arose before their actual selection and appointment.

Issue (i): Whether the State could regularise the entire ad hoc or stop-gap service of promotee Assistant Engineers and Assistant Executive Engineers by executive order without consulting the Public Service Commission, and whether recruitment rules could be impliedly relaxed.

Analysis: The recruitment framework required consultation with the Public Service Commission for regular promotion into the gazetted cadre, and the blanket order regularising all ad hoc promotions was issued without that consultation. The power of relaxation under the general service rules could not be used to bypass basic recruitment requirements or to validate wholesale regularisation of promotions dehors the rules. The reasons recorded for the so-called relaxation were held insufficient, and the order also ignored quota distribution and suitability considerations.

Conclusion: The blanket regularisation order was invalid, and the promotees had to be considered through the prescribed statutory process.

Issue (ii): Whether the quota rule had broken down and whether a rota rule could be implied into the service rules.

Analysis: The materials showed delay and inaction by the State in making direct recruitment, but not an impossibility of adhering to the quota. Mere administrative delay or non-reference to the Commission did not establish breakdown of the quota rule. The rules contained a quota arrangement, but no express rota rule, and past practice contrary to the rules could not create one by implication.

Conclusion: The quota rule had not broken down, and no rota rule could be implied.

Issue (iii): Whether ad hoc or stop-gap promotee service beyond six months could be regularised retrospectively within the promotee quota and counted for seniority.

Analysis: The prohibition on continuing officiating promotions beyond six months without consultation did not state that such service became non-existent or incapable of later regularisation. Retrospective regularisation was permissible where the promotee had been working within the relevant quota, was eligible and suitable, and a substantive vacancy existed. Seniority could then be worked out from the date of valid regularisation or commencement of probation from the applicable anterior date. However, service rendered outside quota or by an ineligible or unsuitable officer could not be counted.

Conclusion: Ad hoc or stop-gap promotee service within quota could be regularised retrospectively after consultation, and such regularised service could count for seniority.

Issue (iv): Whether direct recruits could claim seniority or appointment from the date a quota vacancy arose before their actual selection and appointment.

Analysis: A direct recruit cannot claim to be appointed or to earn seniority from a date when he was not yet selected or appointed. Seniority in service jurisprudence attaches from actual regular appointment, not from the mere existence of a vacancy in the direct recruitment quota. Slots cannot be kept reserved for future entrants for the purpose of back-dating their appointment.

Conclusion: Direct recruits could not claim a retrospective date of appointment or seniority from the date of vacancy.

Final Conclusion: The challenge to wholesale regularisation failed, but the Court preserved the principle that promotee service within quota could be regularised retrospectively with seniority from the permissible anterior date, while rejecting any implied rota rule and any back-dating of direct recruits' appointments.

Ratio Decidendi: Recruitment rules requiring consultation with the Public Service Commission cannot be bypassed by a blanket executive regularisation, but ad hoc promotee service rendered within quota may be regularised retrospectively upon lawful consultation and subject to eligibility and suitability, with seniority governed by the applicable service rules.

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