Statutory service rules control promotion eligibility, and executive notifications cannot override qualifying service requirements.

Statutory service rules framed under Article 309 governed eligibility for promotion to Deputy Director, Health Services, and Rule 9A required ten years' membership of the service. The article explains that eligibility had to be tested only against the rules as enacted, so an officer who had not completed the prescribed qualifying service could not be treated as eligible merely because of a government notification. It further states that a notification declaring PCMS Class II as PCMS Class I did not by itself amend or override the statutory rules, especially where the notification contemplated separate amendments. The stated result was that the promotion was invalid and the matter had to be reconsidered by a fresh Departmental Promotion Committee in accordance with the rules.

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Issues: Whether a government notification could substitute or override the statutory service rules for treating PCMS Class II as PCMS Class I and thereby validate promotion to the post of Deputy Director, Health Services despite non-fulfilment of the prescribed qualifying service.

Analysis: The service conditions were governed by statutory rules framed under Article 309 of the Constitution of India. Rule 9A required a minimum period of ten years' membership of the service for appointment to the post of Deputy Director, Health Services, and the definition of "service" under Rule 2(2) had to be applied as enacted. On the admitted facts, the promoted officer had not completed the requisite ten years of service when his name was considered. The notification declaring PCMS Class II as PCMS Class I itself stated that necessary amendments to the service rules would be made separately, showing that the two cadres were not equated for all purposes merely by notification. A government order or notification cannot replace or amend statutory rules, and action taken contrary to the rules cannot sustain a promotion.

Conclusion: The promotion was invalid because the officer was not eligible under the governing rules, and the notification could not cure the defect.

Final Conclusion: The appeal succeeded, the impugned judgment was set aside, and the matter was directed to be reconsidered by a fresh Departmental Promotion Committee strictly in accordance with the statutory service rules.

Ratio Decidendi: Where service conditions are governed by statutory rules framed under Article 309 of the Constitution of India, eligibility for promotion must be tested only on the basis of those rules, and an executive notification cannot amend, override, or substitute the statutory regime.

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