TaxTMI 
TaxTMI 
2014 (9) TMI 1245
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....pellants as well as Mr. S.K. Kalia, learned Senior Counsel and others representing the respondents. 3. Controversy relates to inter se seniority of the cadre of Assistant Consolidation Officers between direct recruits and promotees in pursuance to U.P. Government Servants Seniority Rules, 1991 (in short, 1991 Seniority Rules). 4. It has been admitted at bar that the direct recruits were appointed on 18.8.1997 whereas the promotees were promoted on the post of Assistant Consolidation Officer on 16.12.1997 within their quota (67%) in pursuance to U.P. Revenue Consolidation Service Rules, 1992 (In short, 1992 Rules). Promotions were done within the quota on the post of Assistant Consolidation Officer from the persons who were working on the post of Consolidators. 5. Under these admitted facts on record, it has been argued by the appellants' counsel that the direct recruits are entitled to be placed over and above the promotees since they were appointed earlier than the promotees, i.e. in the month of August, 1997. It has been further argued by the appellants' counsel that the learned Single Judge while allowing the writ petitions directed that all the promotees who....
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....ive appointment and, in other cases, it will mean the date of issuance of the order: Provided further that a candidate recruited directly may lose his seniority if he fails to join without valid reasons, when vacancy is offered to him the decision of the appointing authority as to the validity of reasons, shall be final. (2) The seniority inter se of persons appointed on the result of any one selection,-- (a) through direct recruitment, shall be the same as it is shown in the merit list prepared by the Commission or by the Committee, as the case may be; (b) by promotion, shall be as determined in accordance with the principles laid down in Rule 6 or Rule 7, as the case may be, according as the promotion are to be made from a single feeding cadre or several feeding cadres. (3) Where appointments are made both by promotion and direct recruitment on the result of any one selection the seniority of promotees vis-`-vis direct recruits shall be determined in a cyclic order (the first being a promotee) so far as may be, in accordance with the quota prescribed for the two sources. Illustrations.--(1) Where the quota of promotees and dir....
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....h by promotion and direct recruitment on the result of any one selection, the seniority of promotees vis-a-vis direct recruits should be determined in a cyclic order (the first being a promotee) in accordance with the quota prescribed for the two sources. Where the quota of promotees and direct recruits is in the proportion of 1:1, the first shall be promotee and second shall be direct recruit but where the quota is in the proportion of 1:3, the seniority list shall give first place to promotee, second to fourth to direct recruits, fifth to promotee and sixth of eight to direct recruits. However, this shall be subject to certain conditions provided under the proviso to Rule 8 (supra). 11. Much emphasis has been given by the learned counsel for the appellant to the words, used in Sub Rule (3), "where appointments are made both by promotion and direct recruitment on the result of any one selection". It is agreed at bar that ordinarily, it is not possible to make selection through direct recruitment and promote persons in a single selection process. 12. In District Mining officer vs. Tata Iron and Steel co. (2001) 7 SCC 358, Hon'ble Supreme court has held that function of the....
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....esumed to have made no mistake and that it intended to say what it said. Assuming there is a defect or an omission in the words used by the legislature , the court can not correct or make up the deficiency , especially where a literal reading there of produces an intelligible result .the court is not authorized to alter words or provide a casus omissus. 20. In Deepal Girish bhai soni vs. United India insurance ltd. (2004) 5 SCC 385, it has been held that statute to be read in entirety and purport and object of Act to be given its full effect by applying principle of purposive construction. 21. In Pratap Singh vs. State of Jharkhand (2005) 3 SCC 551, it has been held that interpretation of a statute depends upon the text and context there of and object with which the same was made. It must be construed having regard to its scheme and the ordinary state of affairs and consequences flowing there from - must be construed in such a manner so as to effective and operative on the principle of "ut res magis valeat quam pereat". When there is to meaning of a word and one making the statute absolutely vague, and meaningless and other leading to certainty and a meaningful interpretation....
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....ruitment" means a period of twelve months commencing from the first day of July of calendar year." Rule 19 deals with appointment on the respective posts. For convenience, Rule 19 is reproduced as under : "19. appointments :- (1) Subject to the provisions of sub-rule (2) the appointing authority shall make appointment by taking the names of candidates in order in which they stand in the list prepared under Rule 15, 16 or 17, as the case may be. (2) Where in any year of recruitment, appointments are to be made both by direct recruitment and by promotion, regular appointments shall not be made unless selections are made from both the sources and a combined list is prepared in accordance with Rule 18. (3) If more than one orders of appointments are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as it stood in the cadre from which they are promoted. If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the cyclic order referred to in Rule 18." Under....
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.... U.P and others JT2006(12)SC513, their Lordships of Hon'ble Supreme court held that no retrospective promotion or seniority can be granted from a date when an employee has not even been borne in the cadre so as to be adversely appointed validly in the meantime. Supreme Court relied upon earlier judgment reported in 1992 Supp. 1 SCC 272 Keshav Chandra Joshi and others versus Union of India and others. It means seniority may be given to direct recruits only from the date they were appointed or joined service and not earlier to it. While interpreting Rule 8(1) of Seniority Rules, 1991, the conferment of seniority to an employee from a previous date provided that the date of such conferment along with substantive appointment is mentioned in the order of substantive appointment which seems to exist in the case of Uttaranchal but such provision does not seem to exist in the Service Rules in question. While interpreting Rule 8(3) of the Service Rules(supra), Hon'ble Supreme court observed as under : "Rule 8(3) of the Rules is not applicable in this case because the appointments were not made by both the direct and promoted sources of recruitment as a result of one sele....
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....j Parkash Gupta and others versus State of J & K and others, Hon'ble Supreme Court held that even if on account of delay and lethargic attitude of the State Government, promotion and appointment is delayed, it does not lead to an inference that the quota rule has broken down and where there is no explicit provision with regard to rota rule, then rota rule may not be applied. Employees cannot claim rota merely on the basis of post and perks. However, in the present case, rota rule has been provided under both the Service Rules (supra), hence that should be applied while preparing the seniority list. 38. In Special Appeal No.1304 of 2003 Arun Kumar Saxena versus State of Uttar Pradesh and others, this Court has observed that under proviso 3 of Rule 8(3) (supra), a promotee shall be entitled for seniority from the date of promotion subject to fulfillment of other conditions. While considering Clause (3) of Rule 8, this Court held as under : "Clause (3) or Rule 8 of 1991 Rules provides for the inter se seniority of direct recruits and promotees to be appointed on the basis of one selection and illustrations 1 and 2 thereto provide for the manner in which the direct r....