1995 (3) TMI 469 - SC - Indian Laws

Summary

Issues Involved:
1. Inter se seniority of promotees and direct recruits.
2. Interpretation of relevant service rules.
3. Validity of promotions and seniority claims.

Summary:

Inter se Seniority of Promotees and Direct Recruits:
The main controversy revolves around the inter se seniority between the appellants (promotees) and R.R. Sheoran (direct recruit). The Supreme Court was tasked with interpreting the relevant service rules to determine when the appellants and R.R. Sheoran became members of the respective services.

Interpretation of Relevant Service Rules:
The Court analyzed the Punjab Service of Engineers, Class I, P.W.D. (Roads and Buildings Branch) Rules, 1960, which were later adopted by Haryana. Rule 5(1) specifies the modes of recruitment: direct recruitment, transfer, and promotion from Class II service. Rule 5(2) mandates that promotions from Class II service shall not exceed 50% of the posts, but the proviso allows for temporary relaxation if qualified direct recruits are unavailable.

The Court clarified that, under Rule 2(12)(a), a direct recruit becomes a member of the service from the date of initial appointment, even if appointed to an ex-cadre post, upon successful completion of probation. In contrast, a promotee becomes a member of the service only upon substantive appointment to a cadre post.

Validity of Promotions and Seniority Claims:
The appellants argued that their continuous officiation as Executive Engineers should count towards their seniority, but the Court held that seniority for promotees should be reckoned from the date of availability of a cadre post within their quota. The Court emphasized that temporary promotions in excess of the quota do not confer seniority rights over direct recruits.

The Court directed the Haryana Government to determine cadre posts regularly and to allocate posts within the prescribed quota, ensuring that seniority is determined according to the rules. All impugned promotions and pending proceedings would be subject to this determination.

Conclusion:
The Supreme Court upheld the principle that direct recruits are entitled to seniority from the date of their initial appointment, while promotees' seniority is contingent upon the availability of cadre posts within their quota. The appeal was disposed of with directions to the Haryana Government to re-evaluate seniority and promotions in accordance with the clarified legal principles.