IMPORTANT POINT
The principle of next below rule in service jurisprudence seeks to ensure that if a junior employee is given promotion without considering his senior then the senior employee can claim the right to be considered for such promotion with effect from the date on which the junior was so promoted.

JUDGMENT

S.C. Agrawal, J.-These appeals and the writ petition raise common questions relating to seniority in the cadre of Assistant Grade-II (for short AG-II ) and promotion to the higher posts of Assistant Grade-I (for short AG-I ) and Superintendent in the Oil and Natural Gas Commission (hereinafter referred to as the Commission ).

2. In the Commission recruitment and promotion up to a certain level is on regional basis and thereafter it is centralised. In the Personnel and Administration (P & A) Discipline appointment and promotion to the posts of Assistant Grade-III (for short AG-III ), AG-II and AG-I are made on regional basis and appointment and promotion to the higher posts of Superintendent and above are made on centralised basis. There was separate seniority in the cadres of AG-III, AG-II and AG-I for each region while in the higher cadres it was not all India basis. We are concerned with the Central, Western and Headquarters regions. In early 1960s the Commission felt the need of Telex Operators and employees working as AG-III were picked up to work as Telex Operators. With effect from April 1, 1969 a separate cadre of Telex Operators having separate seniority was created. The Telex Operators were earlier having a pay scale which was higher than that of AG-III but lower than that of AG-II. With effect from April 1, 1979 the Telex Operators as well as AG-II were placed at the same pay scale of Rs. 430-880. The Telex Operators did not have any promotional channel. Under the Recruitment and Promotion Regulations, 1980 (hereinafter referred to as the 1980 Regulations ), which came into force on April 24, 1980, the designations of many posts under the Recruitment and Promotion Regulations, 1974 were changed. The 1980 Regulations did not contain the post of Telex Operator. In order to implement the 1980 Regulations executive instructions were issued vide office order No. 2(22)/80-RP-I dated April 25, 1980, (hereinafter referred to as the Executive Instructions ) with regard to placement at appropriate level and other connected matters for different categories of employees. In paragraph 5 of the said order fitment principles for categories in other disciplines were set out. Sub-paragraph (iii) of the said paragraph related to Telex Operators and it read as under :-

"(iii) Telex Operator- Rs. 370-700 (Rs. 430-880)

All existing employees in the category of Telex Operator will be redesignated as Assistant Grade-II in the pay scale of Rs. 370-700/- (Rs. 430-880). Total service rendered by the employee in the pay scale of Rs. 360-640/- and Rs. 370-700 (Rs. 430-880/-) will be counted for purpose of promotion to the pay scale of Rs. 470-880/- (Rs. 530-1060)".

3. In paragraph 1 of the said order general instructions were given in respect of all the categories of employees. Sub-paragraph (viii) of paragraph 1 related to fixation of inter se seniority consequent upon merger of two categories. It contained the following provision:-

"(viii) Fixation of interse seniority consequent upon merger of two categories :

Where under R & P Regulations, 1980, two or more categories have been merged, for purposes of promotions to the next higher pay scale, interse seniority of the employees considered for promotion will be fixed on the basis of length of service put in by the individual in the respective pay scale with those in the higher erstwhile scale, being treated as senior to those in the lower erstwhile scale, enbloc. Existing interse seniority will not be disturbed."

4. As a result of the merger of the cadre of Telex Operators with AG-II, the Telex Operators in each region were placed enbloc below AG-II in the said region. On April 25, 1980 an office order No. 2/24/80-RP-I was issued to make provision for promotion on time bound basis (hereinafter referred to as the 12 years Policy ). In the said order it was stated that for employees in Class III and IV equivalent, every employee will have at least two promotions, if otherwise suita