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TMI Blog1995 (12) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... umber was increased to 30. By virtue of notification dated April 19/20, 1988 issued under Rule 6 of the Rules the posts in the Service fall in four scales, viz., junior scale, Senior Scale, Selection Scale and superintendent scale. The number of posts in the Selection Scale was reduced from 30 to 22 and 8 posts were placed in the Super Time Scale. Km. Badam Bairwa and Hari Ram Meena (appellants in Civil Appeal No. 4313 of 1994) and Fateh Chand Soni (respondent No.1 in the appeals) were all appointed to the Service by direct recruitment and were promoted to the Senior Scale. In the Senior Scale respondent No. 1 was senior to the said appellants. On the basis of recommendations made by the Selection Committee constituted under Rule 32 of the Rules all these three appellants were promoted to Selection Scale by order dated April 27, 1989. The said appointment of these appellants was on the basis of seniority-cum-merit. The said order dated April 27, 1989, has been described as promotion order. Km. Badam Bairwa and Hari Ram Meena were appointed to the Selection Grade on posts reserved for the Scheduled Castes and the Scheduled Tribes. Respondent No. 1 was appointed to the Selection S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to press the appeal on his behalf and the appeal, in so far as the said appellant is concerned, has been dismissed. Seniority in the Service is governed by Rule 33 of the Rules. The relevant provisions of the said rule are as under :- Rule 33. Seniority:- Seniority of persons appointed to the lowest post of the Service or lowest categories of posts in each of the Group/Section of the Service, as the case may be, shall be determined from the date of confirmation of such persons to be said post but in respect of persons appointed by promotion to other higher posts in the Service or other higher categories of posts in each of the Group/Section in the Service, as the case may be, shall be determined from the dated of their regular selection to such posts. Provided :- (i) X X X (ii) X X X (iii) That the persons selected and appointed as a result of a selection, which is not subject to review and revision, shall rank senior to the persons who are selected and appointed as a result of subsequent selection. Seniority inter-se of persons selected on the basis of seniority-cum-merit and on the basis of merit in the same selection shall be the same as in the next below grade, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Tripura was ₹ 80-180 and on the basis of the recommendations of the Second Pay Commission appointed by the Government of India the scales were revised and 25% of the posts were placed in the Selection Grade in the scale of ₹ 150-300 and the rest continued in the old pay scale of ₹ 80-180. For the purpose of filling the Selection Grade posts a test was held and those who qualified in the said test were appointed to the Selection Grade. The Assistants in the Selection Grade and the Assistants in the old pay scale were doing the same type of work. This Court observed that provision of a Selection Grade in the same category of posts is not a new thing and that a Selection Grade is intended to ensure that capable employees who may not get a chance of promotion on account of limited outlets of promotions should at least be placed in the Selection Grade to prevent stagnation on the maximum of the scale and that Selection Grades are, therefore, created in the interest of greater efficiency . The Court took note of the fact that the basis for selection of some of the Assistants to the Selection Grade scale was seniority-cum-merit which is one of the two or three pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osts on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules. The said provision (especially clause (b) of the Proviso) would show that the Rules contemplate that appointment to the post in the Selection Scale does not constitute promotion under the Rules. The High Court has referred to the decision of this Court in Dayaram Asanand Gursahani v. State of Maharashtra Ors., 1984 (2) SCR 703, wherein, after considering the resolution of the State Government sanctioning the post of District Judge in the Selection Grade, this Court has held that the said resolution did not indicate that there was any process of promotion by selection or otherwise from the cadre of District Judges to the Selection Grade District Judges. In the particular facts of that case it was held that mere nomenclature given to the extended pay scale as the Selection Grade pay scale does not lead to the inference that there is an element of selection involved in sanctioning it and that it should be treated as just an extended pay scale which forms part of the pay scale. The position in the present case is, however, different. Here the Selection Scale is a separate scale ..... X X X X Extracts X X X X X X X X Extracts X X X X
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