9911796707
TMI Blog1995 (1) TMI 311X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondents-senior clerks who belonged to Scheduled Tribes represented to the Government to accord them the benefit of the proviso to Rule 11A of Gujarat Civil Services Classification and Recruitment (General) Rules, 1985 (for short, 'the Rules'). On denial thereof, they approached the Gujarat Civil 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointing authority is satisfied that a person having an experience specified in clauses (a), (b), (c) or as the case may be, (d) is not available for promotion and that it is in public interest to fill up the post or service by promotion of a person having experience for a lesser period. It may for 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 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court that in an appropriate case where the appointing authority is satisfied that a person having not less than 2/3rd of the period of experience specified in the relevant clauses (a) to (d) of Rule 11-A(2) is available and in the public interest it is necessary to appoint the person by promotion, 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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