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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
GOUTAM BHADURI, RADHAKISHAN AGRAWAL, JJ.
Union Of India – Appellant
Versus
Santosh Kumar S/o. Sri S.K. Narayan – Respondent
WPS No. 8786 of 2023
Decided on : 02-08-2024
(A) Indian Railways Public Relations Department (Group ‘A’ & ‘B’ posts) Recruitment Rules, 1982 - The petitioner challenged the order of the CAT regarding promotion to the post of Chief Public Relation Officer (CPRO) from Senior Public Relation Officer (SPRO) - The court held that the rules cannot be amended by administrative instructions and that the existing rules must be followed for promotions. (Paras 6, 10, 14, 18)
(B) Promotion - The court emphasized that the government cannot substitute statutory rules with administrative instructions, and any deviation from the rules must be properly amended. (Paras 10, 12, 15)
Facts of the case:
The respondent sought promotion to CPRO, claiming the Railways failed to convene the DPC as per the Rules, 1982. The CAT ruled in favor of the respondent, leading to this challenge.
Findings of Court:
The court upheld the CAT's decision, stating that the rules must be adhered to and administrative instructions cannot override statutory provisions.
Issues: The main issues were the interpretation of the Rules, 1982, and the validity of administrative instructions in relation to statutory rules.
Ratio Decidendi: The court ruled that administrative instructions cannot amend statutory rules and that the existing rules must govern promotions.
Result: The writ petition was dismissed.
ORDER :
Per Goutam Bhaduri, J.
1. The order dated 26-7-2023 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting Bilaspur (henceforth ‘the CAT’), in OA No.203632017 is under challenge by the petitioner-Railways.
2. The respondent-Santosh Kumar filed the original application (OA) before the CAT seeking a direction towards the Railways to convene the meeting of DPC (Departmental Promotion Meeting) for his promotion to the post of Chief Public Relation Officer (CPRO) from the post of Senior Public Relation Officer (SPRO) on which he was working ad hoc promotion was made.
3. There is no dispute as to the fact that the respondent herein joined the service as a Public Relation Officer (PRO) in the South Eastern Railway (SER) w.e.f. 14-7-1997. Subsequently, he was promoted to the post of SPRO in the year 2004 against the work charged post of senior scale. The respondent claimed that he is entitled to be considered for promotion to the post of CPRO, which is a Group ‘A’ post, but the Railways failed to constitute the DPC as per the Indian Railways Public Relations Department (Group ‘A’ & ‘B’ posts) Recruitment Rules, 1982 (henceforth ‘the Rules, 1982’). The Rules, 1982 were framed on 2-7-1982 in exercise of powers conferred by the proviso to Article 309 of the Constitution, which came to be amended on 27-1-1986. The notification dated 2-7-1982 envisaged that these Rules would apply to the posts as specified in column 1 of the schedule annexed to the rules and number, classification and scales of pay attached to the schedule shall be specified to columns 2 to 4 of the schedule annexed to these rules.
4. The extract of the Schedule, which is relevant in this case, is quoted below
SCHEDULE
| Name of post | Number of Posts | Class ificati on | Scale of pay | Wheth er selectio n post or non selectio n post | Age limit for direct recruits | Whether benefit of added years of service admissibl e under rule 2423- A (C.S.R. 404-B) of the Indian Railway Establish ment code volume II | Educational and other qualifications required for direct recruits |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| 1. Chief Public Relations Officer | 9 * (1981) * Subject to variation dependent on work load | Group ‘A | Rs. 1500-60- 1800- 100- 2000 | Selection | Not applicable | Not applicable | Not applicable |
| 2. Senior Public Relations Officer | 8* (1982) * Subject to variation dependent on work load. | Group ‘A’ | Rs. 1100-50- 1600 | Selection | Not applicable | Not applicable | Not applicable |
| 3. Public Relations Office r | 23* (1981)* Subject to variation dependent on work load. | Group ‘B’ | Rs. 650- 30-740- 35-810- EB-35- 880-40- 100-EB40-1200 | Selection | Not exceeding 30 years (Relaxable upto 5 years for Government servants). Note: The crucial date for determining the age limit shall be the closing date for receipt of applications from candidates in India (other than those in Andaman & Nicobar Islands and Lakshadweep) | No | Essential : (i) Degree of a recognised University or equivalent (ii) 3 years experience of Journalistic, publicity or public relationship work in a Government Department or in a newspaper/ news agency or a Commercial concern of repute. Note 1: Qualification s are relaxable at the discretion of the Union Public Service Commission in case of candidates otherwise well qualified. Note 2: The qualification regarding experience is relaxable at the discretion of the Union Public Service Commission in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes if, at any stage of selection, the Union Public Service Commission is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the vacancies reserved for them. Desirable: Diploma in Journalism from a recognised University or equivalent institution. |
Administrative instructions cannot amend statutory rules; existing rules must govern promotions in the Railways.
There is no vested right to promotion to selection posts. Vacancies are not required to be filled under repealed rules; instead, candidates are entitled to consideration only under the rules in force....
The court affirmed the validity of the merger of Senior Supply Inspectors with Area Rationing Officers effective from 30.06.2011, ruling that executive orders cannot override statutory rules.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
The court affirmed that executive instructions regarding promotions remain effective for cases initiated before new rules, emphasizing the need for eligibility consideration based on existing rules a....
The State Government is not competent to create ex-cadre posts and appoint officers to such posts without the approval of the Central Government.
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