1991 (10) TMI 291 - SC - Indian Laws

Whether the promotion has to be by the method of selection or simplicitor promotion on the basis of seniority-cum-merit? Whether the General Rules do not supersede the Special Rules? Held that - there is no patent inconsistency between the General and Special Rules but on the other hand they co-exist. Therefore, there is no scope whatsoever to infer the repeal by implication as contended by the learned counsel Shri. Chidambaram. In the result the appeal is allowed and the Government is directed to consider the case of the appellant for promotion to the post of Deputy Commissioner of Transport on the basis of promotion by selection, as provided in the Special Rules namely Karnataka General Service (Motor Vehicles Branch) (Recruitment) Rules, 1976

Issues Involved:
1. Whether Rule 3(2) of the Karnataka Civil Services (General Recruitment) Rules, 1977, has an overriding effect over the Karnataka General Service (Motor Vehicles Branch) (Recruitment) Rules, 1976.
2. Interpretation of the non-obstante clause in Rule 3(2) of the General Rules and its impact on the Special Rules.
3. Consistency and coexistence of General Rules and Special Rules.
4. Legislative intent behind Rule 3(2) of the General Rules.

Issue-wise Detailed Analysis:

1. Whether Rule 3(2) of the Karnataka Civil Services (General Recruitment) Rules, 1977, has an overriding effect over the Karnataka General Service (Motor Vehicles Branch) (Recruitment) Rules, 1976:
The principal question in this appeal is whether Sub-Rule (2) of Rule 3 of the General Rules has an overriding effect over the Special Rules. The appellant contends that the Special Rules, which govern the recruitment and promotion of officers in the Motor Vehicle Department, should prevail. The Tribunal had dismissed the appellant's application, holding that Rule 3(2) of the General Rules, introduced later, overrides the earlier Special Rules.

2. Interpretation of the non-obstante clause in Rule 3(2) of the General Rules and its impact on the Special Rules:
The non-obstante clause in Rule 3(2) of the General Rules states, "Notwithstanding anything contained in these rules or in the rules of recruitment specially made in respect of any service or post...". The Tribunal held that this clause indicates the intention to supersede the Special Rules. However, the judgment by K. Jayachandra Reddy, J., emphasizes that the non-obstante clause should not be interpreted to have an overriding effect unless there is a clear inconsistency between the two sets of rules. The Special Rules provide for promotion by selection, while the General Rules, amended later, provide for promotion on the basis of seniority-cum-merit. The non-obstante clause should be read as clarifying the position rather than limiting the scope of the Special Rules.

3. Consistency and coexistence of General Rules and Special Rules:
The General Rules were framed to broadly regulate recruitment to all State Civil Services, while each department has its own Special Rules. The Special Rules for the Motor Vehicles Department were not repealed by any provision of the General Rules. The General Rules, including Rule 1(3)(a), 3(1), and 4, provide for recruitment by selection and the enforceability of Special Rules. The amendment inserting Rule 3(2) should be read as being subject to these existing provisions. The judgment by K. Jayachandra Reddy, J., concludes that there is no patent conflict or inconsistency between the General and Special Rules, and they coexist.

4. Legislative intent behind Rule 3(2) of the General Rules:
The legislative intent behind Rule 3(2) of the General Rules, as interpreted by Yogeshwar Dayal, J., was to change the promotion policy to seniority-cum-merit for all posts except for Heads and Additional Heads of Departments. This was a conscious and deliberate policy decision by the Government. The non-obstante clause in Rule 3(2) was introduced to give this policy an overriding effect over any contrary provisions in the Special Rules. However, K. Jayachandra Reddy, J., argues that the legislative intent was not to supersede the Special Rules but to provide a general framework for recruitment where no Special Rules exist.

Conclusion:
The appeal is allowed, and the Government is directed to consider the appellant's case for promotion based on the Special Rules. The Special Rules, providing for promotion by selection, remain enforceable and are not abrogated by the General Rules. The judgment by K. Jayachandra Reddy, J., is preferred, emphasizing the harmonious construction of the General and Special Rules and the coexistence of both sets of rules without any patent conflict or inconsistency.

← Previous Next →