Appointments made in violation of statutory rules are in violation of Article 14 and 16 of the Constitution of India and are in nullity.

JUDGMENT

Satish Chandra Sharma, C.J.

1. The present LPA is arising out of the judgment dated 29.05.2019 passed by the Learned Single Judge in W.P.(C.) No. 4367/2016 titled Manisha Rani Vs. Inter-University Accelerator Centre & Ors., wherein, the learned Single Judge has allowed the Writ Petition and has directed the Appellant herein to grant promotion to Respondent No.1 (Writ Petitioner in the Writ Petition) as Personal Assistant with effect from 22.01.2014 i.e. the date on which she became eligible with all consequential benefits if she is otherwise eligible as per Recruitment Rules within a period of four weeks from the date of judgment passed by this Court.

2. The undisputed facts of the case reveal that the Respondent No1. Manisha Rani joined the services in the Appellant Organization as Stenographer on 22.01.2009 against a reserved vacancy reserved for Scheduled Caste (SC) category.

3. The By-laws in respect of the Appellant Organization were initially notified in 1987 and the By-laws and the Recruitment Rules were subsequently modified by Governing Board, Governing Council with due approval of the University Grants Commission. The By-laws which are on record provides for promotion from the post of Stenographer to the post of Personal Assistant. The By-laws do not provide for promotion from the post of Assistant to the post of Personal Assistant.

4. In the year 2013, a Departmental Promotion Committee (DPC) took place and considered the candidature of one Mr. R. N. Dhyani, Respondent No.3 herein for appointment as Personal Assistant in the grade pay of Rs. 4200/- and based upon the recommendation of the DPC, Respondent No.3 Mr. R. N. Dhyani was promoted on 03.12.2013 to the post of Personal Assistant.

5. The Recruitment Rules provide for promotion from the post of Stenographer to the post of Personal Assistant and the eligibility criteria provides for 5 years of service as stenographer. The Respondent No. 1 (Writ Petitioner) became entitled to be considered for promotion on 22.01.2014.

6. The facts further reveal that in the Appellant Organization, there is only one post of Personal Assistant and against the solitary post of Personal Assistant, Respondent No.3 who was not in the feeder cadre was promoted, though the Respondent No.1, the Writ Petitioner was entitled to be considered for promotion on acquiring requisite experience i.e. 5 years as she was in the feeder cadre.

7. The Respondent No.1 protested in the matter stating that the person who is not in the feeder cadre has been promoted to the next higher post. However, instead of considering her for promotion to the next higher post, on 10.12.2015 she was informed that her request for promotion will be considered subject to availability of post in the next hierarchy.

8. The Appellant Organization issued an Advertisement No. 2/2016 for direct recruitment for the post of Senior Assistant and as the Writ Petitioner (Respondent No.1 herein) was entitled for promotion with effect from 22.01.2014 to the post of Personal/ Senior Assistant, she came up before this Court by filing a Writ Petition and the same was registered as W.P.(C.) No. 4367/2016.

9. The learned Single Judge has allowed the Writ Petition by holding that Respondent No.3 Mr. R. N. Dhyani could not have been promoted to the post of Personal Assistant as per the By-laws. The post of Assistant (clerical cadre) and stenographer (technical cadre) are two different cadre having different avenues of promotion and, therefore, arrived at a conclusion that Mr. R. N. Dhyani (Respondent No.3) herein was erroneously promoted to the next higher post for which the Respondent No.1 herein was entitled, de-hors the Recruitment Rules even though he was not from the feeder cadre and the learned Single Judge has allowed the Writ Petition. The operative Paragraphs i.e Paragraph Nos. 18 to 34 of the Judgment passed by the learned Single Judge read as under:

"18. It is not in dispute that the feeder cadre for promotion to