TaxTMI 
TaxTMI 
1997 (5) TMI 456
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....#39;) framed under the proviso to Article 309 of the Constitution of India provided a ratio of l/6th and 5/6th between the direct recruits and the promotees. On July 1, 1982, the ratio was changed to l/5th and 4/5th between the direct recruits and the promotees respectively. In the year 1983, a writ petition under Article 32 was filed by the promotee officers titled H.N. Hardasani and Ors. v. Union of India and Ors. This Court had directed that the unfilled vacancies meant for the direct recruits might be carried forward for over two years and subsequently unfilled vacancies meant for direct recruits might be thrown open for being filled up by the promotees. A statutory shape was given to the said direction by amending the Rules. In these c....
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.... two recruitment years, the unfilled vacancies reserved for direct recruits would also be thrown open to the promotees; the seniority list is required to be prepared afresh in that manner. Thus, these appeals by special leave. 4. It is seen that Rule 13(1) of the Rules dealing with recruitment of Section Officers of the Central Secretariat, reads as under: One-sixth of the substantive vacancies in the Section Officers' Grade in any cadre shall be filled by direct recruitment on the results of the competitive examinations held by the Commission for this purpose from time to time. The remaining vacancies shall be filled by the substantive appointment of persons included in the Select List for the Section Officers' Grade in that cad....
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....cretariat Service Rules, 1962 (hereinafter referred to as the said rules) in Rule 12, in Sub-rule (2) for the third proviso, the following shall be substituted, namely :- Provided further that if any person appointed to the Section Officers Grade is considered for promotion to grade I under this Sub-rule, all persons senior to him in the Section Officers' Grade, belonging to the Scheduled Castes or the Scheduled Tribes, who have rendered not less than four years' approved service in that Grade, shall also be considered for promotion. 3. In Rule 1 of the said rules, (1) after Sub-rule (1), the following proviso shall be inserted namely :- Provided that the number of the vacancies to be filled by the substantive appointment of....
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....of Personnel and Administrative Reforms to be filled by direct recruitment for the year. Provided further that if sufficient number of candidates are not available for filling up the vacancies in a cadre, in any recruitment year, either by direct recruitment or by appointment of persons included in the select list for Section Officers' grade, i.e. by promotion the unfilled vacancies shall also be carried forward for not more than two recruitment years, beyond the year to which the recruitment relates, whereafter the vacancies, if any, still remaining unfilled, belonging to one mode of recruitment, shall be transferred as additional vacancies for the other mode of recruitment. In other words, where sufficient number of direct recruit can....
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.... Court than in their offices. With a view to doing complete justice to the matter and being assured by counsel on either side and the representatives who have filled our Court hall that if a seal be given to this litigation, our expectation that Government business shall now be carried on and not litigation hereafter, we have agreed to make this further order providing certain guidelines for updating/modifying the list which was drawn up as referred to above. We are of the opinion that with a view to doing complete justice to the situation, the December 1984 Rules should be made operative from 1. 7.1984 instead of 1.7.1985. These Rules have now a limited provision of carry forward of vacancies to be filled up by direct recruits and that i....