IMPORTANT POINT
Promotion duly granted cannot be cancelled on the basis of advertisement which was de hors the rules.

Headnote:(a) Service law – Recruitment – Post to be filled by direct recruitment as well as promotion – An in service candidate cannot be required to fulfill criteria for direct recruits – Silt analysts eligible for promotion for Research Asstt. Grade C (R.A. Gr. C) and therafter to Grade B – Grade C and B merged without amending the Rules – Appellant, a silt analyst additionally working as Research Asstt. B under departmental orders becoming eligible for promotion to R.A. Gr. B – Competent authority recommending appellant for promotion – No adverse entry against appellant – Promotion cancelled after working on promotional post for one year – No justification. (Para 29)
       (b) Service law – Recruitment – Anything prescribed in the advertisement de hors the Rules – Bad in law. (Para 30)
       Facts of the case:
       The appellant was recruited as Silt Observer in the year 1986 in Irrigation and Power Research Institute, Amritsar. While working as Silt Observer, the appellant was performing the duties of Research Assistant Grade B, as per the directives of his superiors.
       The appellant was promoted as Research Assistant Grade B on 14.12.2001 and accordingly his pay and other allowances were also fixed. Since 14.12.2001, the appellant was continuing to work as Research Assistant Grade B.
       Vide order dated 10.12.2002, the promotion of the appellant was cancelled on the ground that he did not fulfill the requisite qualification and experience and that he was not promoted in accordance with Rules.
       The High Court dismissed the petition filed by the appellant herein.
       Finding of the Court:
       The view taken by the High Court is not correct.
       Result: Appeal allowed.

Judgement Key Points

Key Points: - The promotion of the appellant from Silt Observer/Analyst to Research Assistant Grade B was cancelled on the ground that he did not fulfill the requisite qualification and that he was not promoted in accordance with Rules; High Court upheld cancellation, this appeal challenges that reasoning. (!) (!) - The Court held that the State was not justified in cancelling the appellant’s promotion order, noting that the appellant fulfilled the eligibility criteria under Rule 10(1)(b)(i) and (2) and that the Rules merging Grade C into Grade B were not amended accordingly, so the appellant should be considered under the existing Rules. (!) (!) (!) - Anything prescribed in the advertisement de hors the Rules is bad in law, and the advertisement cannot override the applicable Recruitment Rules for in-service candidates. (!) - The appellant is restored to the promotional post and may claim salary adjustments from the date of cancellation, after accounting for earlier pay as Silt Observer. (!)

What is the justification for cancelling or not cancelling a promotion of an in-service candidate where the Rules did not reflect the merger of posts?

JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is filed against the final judgment and order dated 31.10.2008 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 1066 of 2006 whereby the High Court dismissed the writ petition filed by the appellant herein against the office order dated 13.01.2006 by which the promotion of the appellant was cancelled and he was reverted from the post of Research Assistant Grade B to Silt Observer.

2. Facts of the case need mention, in brief, infra to appreciate the controversy involved in the appeal.

3. The appellant was recruited as Silt Observer in the year 1986 in Irrigation and Power Research Institute, Amritsar, which is a Branch of Public Works Department, Government of Punjab. At the time of his appointment, his qualification was matriculation with Science subjects and B.A. with Economics and Political Science. While working as Silt Observer, the appellant was performing the duties of Research Assistant Grade B, as per the directives of his superiors.

4. The State of Punjab promulgated the Punjab Public Works Department (Irrigation Branch), Research Assistants’ State Service Class III Rules, 1956 (in short “the Rules”). The Rules, inter alia, provides three Grades in the cadre of “Research Assistant” in Public Works Department (Irrigation Branch), namely, Research Assistant Grade A, Research Assistant Grade B and Research Assistant Grade C. Rule 10 with which we are concerned here deals with the Method of Recruitment and appointment to various Grades of the Service, which reads as under:-

“10. Method of recruitment –
(1) Appointment to the various grades of the Service shall be made-
(a) in the case of Research Assistants, Grade A:-
(i) by promotion from amongst Research Assistants Grade B; or
(ii) by transfer of an official already in the service of the Government of a State or of the Union; or
(iii) by direct appointment;
(b) in the case of Research Assistants, Grade B:-
(i) by promotion from amongst Research Assistants Grade C; or
(ii) by transfer of an official already in service of the Government of a State or of the Union; or
(iii) by direct appointment;
(c) in the case of Research Assistants, Grade C:-
(i) by promotion from amongst Analysts or Silt Analysts or other ranks already working in the Institute or Laboratories under the control of Institute, provided the official so promoted is reported to be fit for research work expected of Research Assistants and has worked in the Institute or Laboratories for at least 5 years and has also passed the F.Sc. examination of a recognized university; or
(ii) by transfer of an official already in service of the Government of a State or of the Union; or
(iii) by direct appointment.
(2) For promotion from Grade C to Grade B and from Grade B to Grade A, a Research Assistant must have crossed the efficiency bar in the Grade from which he is promoted.
(3) Appointment to any post to be filled either by the promotion of officials already in the Service or by the transfer of officials already in the service of the Government of a State or of the Union shall be made purely by selection and no official shall have any claim to such appointment as of right.
Note : When any vacancy arises and the recruitment is to take place through the Punjab Public Service Commission the method of recruitment shall always be decided in consultation with them.”

5. In the year 1967-68, the State of Punjab abolished the post of Research Assistant Grade C and it was merged in Research Assistant Grade B. Despite merger of the post, Rules were not amended.

6. On 21.06.2001, respondent No.2 invited applications for filling up the post of Research Assistant Grade B from amongst the cadre of research staff working as Silt Analyst and other categories in the Irrigation laboratories. The said invitation specifically mentions that the officials, who are employed as Silt Analyst or Observer should be working in the Institute or laboratories of the Department of Irri

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2016 Supreme(SC) 728

SUPREME COURT OF INDIAJ. CHELAMESWAR, ABHAY MANOHAR SAPRE, JJ.Raminder Singh – AppellantVersusState of Punjab & Anr. – RespondentsCivil Appeal No. 2127 of 2009Decided On : 19-09-2016

IMPORTANT POINTPromotion duly granted cannot be cancelled on the basis of advertisement which was de hors the rules.

What is the justification for cancelling or not cancelling a promotion of an in-service candidate where the Rules did not reflect the merger of posts?

SUPREME COURT OF INDIA
J. CHELAMESWAR, ABHAY MANOHAR SAPRE, JJ.
Raminder Singh – Appellant
Versus
State of Punjab & Anr. – Respondents
Civil Appeal No. 2127 of 2009
Decided On : 19-09-2016

IMPORTANT POINT
Promotion duly granted cannot be cancelled on the basis of advertisement which was de hors the rules.