Carry-forward of quota vacancies under recruitment rules governs seniority; unfilled posts transfer to the other recruitment mode after two years.

Unfilled direct recruitment vacancies in the Section Officers' Grade could be carried forward for up to two recruitment years and, if still unfilled, transferred to the other recruitment quota under the amended rules. The earlier view that such vacancies had to be treated as permanently available to promotees was a misreading of the rule scheme. Seniority had therefore to be prepared on the basis of the carry-forward mechanism recognised by the rules, and the Government's seniority list had to be revised accordingly.

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Issues: Whether unfilled direct recruitment vacancies in the Section Officers' Grade could be carried forward for two recruitment years and thereafter be thrown open to the other mode of recruitment, and whether the seniority list had to be revised on the basis of that interpretation.

Analysis: The recruitment rules provided a fixed quota for direct recruits and promotees. The amended rules expressly permitted unfilled vacancies to be carried forward for not more than two recruitment years and, if still unfilled thereafter, to be transferred as additional vacancies for the other mode of recruitment. The earlier directions of the Court were intended to operate on that basis. The view that, before the amendment, the Government had no power to carry forward vacancies and that all such vacancies had to be treated as open to promotees was held to be a misreading of the rules. The Tribunal's approach was found inconsistent with the binding legal position already declared and the seniority list prepared by the Government had therefore to be reworked in accordance with the correct rule position.

Conclusion: The interpretation adopted by the Tribunal was rejected. The vacancies could be carried forward for two recruitment years and thereafter transferred to the other quota as provided by the rules, and the seniority list had to be redone accordingly.

Final Conclusion: The impugned order was set aside and the appeals were allowed, with the matter governed by the legal position declared on the working of the recruitment rules and seniority preparation.

Ratio Decidendi: Where recruitment rules permit carry forward of unfilled quota vacancies for a specified period, those vacancies cannot be treated as permanently lost to the original quota before expiry of that period, and seniority must be prepared in accordance with the rule-based carry-forward scheme.

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