The executive order cannot override statutory rules, and when the words of a statute are clear and unambiguous, the courts are bound to give effect to that meaning.

P.B. Bajanthri, J.

The petitioner has questioned the order dated 01.10.2014 (Annexure P-4) passed in O.A. No. 1657/CH/2013 by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'Tribunal').

2. The petitioner was appointed as a Class IV (Ward Servant) in the respondent organization on 17.11.1988, which has now been converted to Class III status.

3. The promotional post to Group 'C' is Lower Division Clerk, governed by the Recruitment Rules notified by the Department of Personnel and Training vide O.M. dated 07.10.2009. The office order was issued on 13.04.2011 (Annexure A3). The relevant rule reads as follows:-

MODIFIED RECRUITMENT RULES OF PGIMER CHANDIGARH

1. Name of Posts	Lower Division Clerk
2. No. of Posts	167(2010)
3. Classification	Group 'C'
4. Scale of pay	Rs.3050-4590 Rs. 5200-20200 Grade Pay Rs.1900 (revised)
5. Method of recruitment	1. 90% by direct recruitment 2. 5% of vacancies shall be filled from amongst Group C staff of the Institute who possess 12th Class pass or equivalent qualification and have rendered 3 years of regular services in grade on the basis of a Departmental qualifying examination. The maximum age limit for eligibility for examination is 45 years (50 years of age for the SC/ST) Note: Unfilled vacancies pertaining to a particular year shall not be carried over. If more of such employees than the number of vacancies available under clause (ii) qualify at the said examination such excess number of employees shall be considered for filing the vacancies arising in the subsequent years so that the employees qualifying at an earlier examination are considered before those who qualify at a later examination. 3. 5% of vacancies shall be filled on seniority-cum-fitness basis from Group C employees in the grade pay of Rs.1800 who possess 12th class pass or equivalent qualification.
6. Age limit for direct recruit	18-30 years age relaxable for Government servant upto 40 years in accordance with the instruction or orders issued by Central Government.
7. Educational and other qualification	3. 12th class or equivalent qualification from a recognized Board or university. 4. A typing speed of 35 w.p.m. in English or 30 w.p.m. in Hindi or computer. 35 w.p.m. and 30 w.p.m. correspond to 10500KDPH/9000KDPH on an average of 5 key depression for each words.
8. Whether benefit of added years of service admissible under Rule 30 of the C.C.S. (Pension) Rules, 1972	N.A.
9. In case of recruitment by promotion
a. whether by seniority cum fitness i.e. 'non selection' or by merit seniority i.e. 'selection'	Seniority-cum-fitness
b. Grades from which promotion is to be made and eligibility	Group C employees in the grade pay of Rs.1800 with years of regular service in the grade.
c. Whether age and educational qualifications prescribed for direct recruitment will apply in the case of promotee.	N.A.

Normally the committee is constituted for two years. However, changes are affected in the eventuality of member resigning the committee/job, retirement, death etc.

10. In case of deputation grades and sources from which deputation to be made and period of deputation N.A.

11. Period of Probation 2 years for Direct recruitees :

4. The post of Lower Division Clerk was advertised and on 23.09.2013 notice was issued in which type test was also included. An extract of the notice dated 23.09.2013 is reproduced herein:-

“NOTICE

It is proposed to fill up 02 posts of Lower Division Clerk under 5% quota in the pay band of Rs.5200-20200+Grade Pay Rs. 1900/- (PB-1). The posts are to be filled up on seniority-cum-fitness basis amongst the Group C employees of this Institute in the grade pay of Rs. 1800