9911796707
TMI Blog1995 (1) TMI 311X X X X Extracts X X X X X X X X Extracts X X X X ..... ivil Services Tribunal which by its order dated 5.2.1993 directed the petitioner to consider their cases for promotion giving them the benefit of the proviso. The Tribunal followed its earlier Full Bench Judgment and had given direction accordingly. On revision, the High Court has confirmed the same. Shri Dave, the learned counsel appearing for the petitioner has contended that the interpretation given by the Tribunal and the High Court, if found acceptable, renders the main part of Rule 11-A redundant and the proviso would become operative in every case. Therefore, the matter requires consideration by this Court. We do not find force in the contention. Sub-rule (1) of Rule 11-A(2) speaks of minimum service of different classes of employe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reasons to be recorded in writing promote such person who has experience for a period not less than two thirds of the period specified in clause (a), (b) (c) or (d) which applies to him". It would thus be clear that clauses (a) to (d) of Sub-rule (2) of Rule 11-A prescribe a minimum experience in a lower post for promotion to a higher post, but the proviso enables the appointing authority on its satisfaction that the person required to have the previous experience prescribed under clauses (a) to (d) is not available for promotion and that in the public interest the post or service is required to be filled up by promotion, the provision postulates that such person has to put in, not less than two thirds of the period specified in eithe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otion, the proviso enables the appointing authority to relax the balance l/3rd period prescribed by the relevant clauses and make necessary appointment by promotion. It is seen, as fairly not disputed by Shri Dave, that number of posts reserved for Scheduled Tribes remained unfilled due to lack of persons possessed of minimum experience prescribed under sub-rule (2) of Rule 11-A and the respondents have completed 2/3rd of the period specified in the relevant clauses. Instead of deserving the post for non- availability, the proviso would enable the appointing authority to relax the balance period of experience and consider their claims for appointment by promotion. Instead, the petitioner has taken technical view of the matter and committed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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