TaxTMI 
TaxTMI 
2005 (7) TMI 692
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....ment policy does not permit reversion of the employees in reserved category where the promotional cadre does not have the prescribed percentage of reserved category employees, and thirdly, that the backlog created on account of failure to fill-up the posts meant for reserved category does not justify the reversion of the petitioners. 3. The learned Advocate for the petitioners, drawing attention to Rule 5(2) of the Recruitment Rules, submitted that the authority is not empowered to grant conditional or restrictive relaxation of the required qualification for promotion in the absence of specific provision empowering the authority to impose such condition or the restriction. Reliance is sought to be placed in the decision of the Apex Court i....
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....rtually amount to rewriting the said Rule by adding such provision for restrictions upon the exercise of power by the authority. Such an exercise, under the pretext of interpretation of the Statute, is not permissible as it would virtually amount to legislate upon the said Rule. 6. The Apex Court in Anjum Ghaswala's case (supra) in para 27, to which attention was drawn, had held that : It is a normal rule of construction that when a statute vests certain power in an authority to be exercised in a particular manner then the said authority has to exercise it only in the manner provided in the statute itself. (emphasis supplied) The Apex Court has reiterated the well-settled rule of interpretation of statute. Undoubtedly, when an aut....
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.... to the petitioners in the year 1997. 8. Once the law empowered the authority to impose such restrictions and the promotion having been granted subject to such condition and the petitioners having not complied with the said condition, no fault can be found with the impugned order of reversion of the petitioners. 9. As regards the second ground of challenge, the learned Advocate for the petitioners have drawn our attention to the Government Resolution dated 19-3-1979, as also to the Circular dated 24-2-1993. The G.R., in Clause 4 thereof, provides that : "Government is now pleased to direct that when any reversion is to be effected, members of Backward Classes already in service should not be reverted if their strength into promotio....
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....asion to revert an Officer/Officers promoted according to paragraph of Government Resolution, General Administration Department, No. BCC-1072-J, dated 23rd May, 1974 was under consideration of Government for some time past. Obviously the decision disclosed in Clause 4 was in the facts stated in Clause 3 of the said G.R. and which related to cases where "reversions due to abolition of posts, repatriation of senior persons to parent Department etc.," Referring to the expression "etc.", it was sought to be argued that this resolution would apply to all the cases i.e., cases even otherwise than where the reversion is due to either abolition of post or repatriation of senior persons to parent department. The said term "....
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....cannot insist to occupy the promotional posts without satisfying the required qualification merely on the ground that the promotional cadre does not exceed the prescribed percentage of reservation. Promotions are not to be availed merely because posts are vacant and thereby totally ignoring whether the person is qualified or competent to occupy such promotional post. Undoubtedly, when relaxation under a statutory provision in favour of the reserved category is granted, the authorities are bound to grant such facility to the reserved category candidates but when such relaxations are granted subject to certain conditions, it cannot be heard even from the reserved category candidates that the candidates will insist to occupy the promotional po....