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TMI Blog1991 (2) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... 17, 1987. Broadly stated, on such amendments a Super Time scale was created which statedly was to remove stagnation in service. The contention of the appellants before the High Court was, and is, that the creation of Super Time scale did not have the automatic effect of creating highest post/posts to be filled by merit alone, and that the posts to which Super Time scale was attractive remained 'higher posts' in contrast to 'highest posts' available to the members of the Rajasthan Administrative Service on the prescribed percentage of 50 percent on merit and the remaining fifty percent on seniority-cum-merit. The appellants challenged the vires of the amendments dated 17-7-1987 for confining the selection to the highest posts made thereafter solely on the basis of merit. Before the High Court, however, the question of vires of the amendments was given up and thus the High Court invited its attention to the following two questions: (i) whether the Super Time scale is/are the highest post/posts in the service; and (ii) if it is so, whether that post/posts is/are to be filled on the basis of seniority-cum-merit in the proportion of 50:50 or on merit alone in acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia applicable for promoting to these posts their personnel. 6. 'Service' has been defined in Rule 4-L to mean the Rajasthan Administrative Service. Sub-rule (7) of Rule 28-B prescribes that selection for promotion to the highest post/posts in the State Service shall always be made on the basis of merit alone. As said before, 'highest posts' has nowhere been defined. Prior to the amendment of July 17, 1987, Sub-rule (7) read as follows: Selection for promotion to the highest post or highest category of posts in the State Service shall always be made on the basis of merit alone. 7. According to the appellants, prior to July 17, 1987, the highest post was never identified and equally the highest category of posts were nowhere visible. The posts now falling in the Super Time Scale, tabulation of which stands incorporated above, were always considered as higher posts and in terms of Sub-rule (6) of rule 28-B, Selection for promotion to all other higher posts/higher category of posts in the State Service were required to be made on the basis of merit and seniority-cum-merit in the proportion of 50:50. The proviso, however, to Sub-rule (6) provided that if the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost in the Service shall be made strictly on the basis of merit and on the basis of seniority-cum-merit in the proportion of 50:50. PROVIDED that if the Committee is satisfied that suitable persons are not available for selection by promotion strictly on the basis of merit in a particular year, selection by promotion on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules. (5) Subject to the provisions of Sub-rule (7), selection for promotion from the lowest post or category of post in the State Service to the next higher post or category of post in the State Service and for all posts in the Subordinate Services and in the Ministerial Services shall be made strictly on the basis of seniority-cum-merit from amongst the persons who have passed the qualifying examination, if any, prescribed under these Rules, and have put in atleast five years service, unless a different period is prescribed elsewhere in these Rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is made: PROVIDED that in the event of non-availability of the persons with the requisite period of Service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y on the basis of merit in a particular year, selection by promotion to highest post/posts on the basis of seniority-cum-merit may be made in the same manner as specified in these rules. (8) The persons having been selected and appointed by promotion to a post or category of post on the basis of merit, shall be eligible for promotion to the next higher post or category of post, which is to be filled in by merit, only when they have put in after regular selection, at least five years' service, unless a higher period of Service is prescribed elsewhere in these Rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is to be made: PROVIDED that the condition of five years' service shall not be applicable to a person, if any person junior to him is eligible for consideration for promotion on the basis of merit. PROVIDED further that in the event of non-availability of persons equal to the number of vacancies to be filled in, eligible for promotion in the category of posts next lower from which promotion is made, the Committee may consider the persons having less than five years' service, if they ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vernment from amongst the members of the Service in accordance with the selection having been made on the basis of merit and seniority-cum-merit on the recommendations of a Committee which shall consist of following: PROVIDED that in case any Member or Member Secretary, as the case may be constituting the Committee has not been appointed to the post concerned the officer holding charge of the post for the time being shall be the Member or Member-Secretary, as the case may be of the Committee. (2) Except as provided in this rule, the procedure and the principles for selection by merit shall, in so far it may apply, be the same as provided in rule 28-B. For selection by seniority-cum-merit, the Committee shall consider the cases of all the persons eligible for promotion by examining their Confidential Rolls and Personal Files and interviewing such of them as they may deem necessary, and shall select a number of candidates equal to the number of vacancies likely to be filled by promotion by seniority-cum-merit. PROVIDED (1) that appointment to the senior or selection grade post [or super-time scale] post may be made by Government by appointing thereto temporarily a perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion can be resorted to. To ascertain the literal meaning it is equally necessary first to ascertain the juxtaposition in which the rule is placed, the purpose for which it is enacted and the object which it is required to subserve and the authority by which the rule is framed. This necessitates examination of the broad features of the Act. 11. On the application of above principles, it is noticeable that the terms 'higher post' and 'highest post' occurring in Rules 28-B and 32 by all means are relative ones expected to be created in singular or plural terms under Rule 6 whereunder the strength of posts in each grade was determinable by the government from time to time. Sub-rule (7) even before the amendment of 17-7-1987 postulated a highest post/posts capable of being filled on the basis of merit alone. The fact that they remained un-identified gives no basis to the plea that the State was incapacitated to identify at a later stage the highest posts in the State Service required to be filled on the basis of merit alone. It seems to us, on a close analysis, and on the language employed in Rules 28-B and 32 that the highest post/posts conceptually were part of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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