The main legal point established in the judgment is the reasonableness of promotion quota allocation based on the distinct nature of the cadres and the employer's efforts to address stagnation in the cadre of Overseers and Draughtsman Grade-I.

JUDGMENT :

Mohammad Yaqoob Mir, J.

Petitioners in all six writ petitions were appointed as Overseer/Draughtsman (re-designated as Soil and Water Conservation Ranger (Overseer/Draughtsman-I) as such a feeding cadre for promotion to the post of Assistant Soil and Water Conservation Officer (ASWCO). Their main grievance is that 25% of the vacancies of Assistant Soil and Water Conservation Officer are prescribed to be filled by promotion from amongst Soil and Water Conservation Ranger (General) and 7% by promotion from amongst Soil and Water Conservation Ranger (Overseers/Draughtsman-I), quota of 25% and 7% is unreasonable and irrational. In short according to them 32% i.e. 25% + 7%, promotion quota shall be equally filled up from the cadres of Soil and Water Conservation Ranger (General) and Soil and Water Conservation Ranger (Overseers/Draughtsman-I).

2. Petitioners filed the instant petitions with the following prayer to quash:-

(i) The Executive Instructions notified No.SCD.54/93/Pt-I/77 dated 20.11.2003 to the extent of categorizing/classifying the Rangers i.e. Soil Conservation Ranger as "Cadre-I" and Overseers and Draughtsman- as "Cadre-II";

(ii) Clause (b) of sub-rule (2) of Rule 7 of the Meghalaya Soil and Water Conservation Service (Amendment) Rules, 2005 to the extent of classifying/categorizing the single Ranger cadre into A Cadre- I (General) Soil and Water Conservation Ranger and B Cadre- II (Others)-I Soil and Water Conservation Ranger

(Overseers/Draughtsman-I);

(ii) Amended clause (c) of sub-rule (2) of Rule 7 of the Meghalaya Soil and Water Conservation Service (Amendment) Rules, 2005 to the extent of earmarking 25% by promotion from amongst the Soil and Water Conservation Ranger (General) and 7% by promotion from amongst Soil and Water Conservation Ranger (Overseers/Draughtsman-I) for promotion to the post of Assistant Soil and Water Conservation Officer;

(iv) Promotion granted to the private respondents to the post of Assistant Soil and Water Conservation Officer and;

(v) To finalize and give effect to the Draft Meghalaya Soil and Water Conservation (Subordinate) Service Rules, 1996.

3. Heard learned counsel for the parties at length.

4. For appreciating the controversy for adjudication in its right perspective, it shall be advantageous to precisely notice the factual background of the case.

5. The Meghalaya Soil and Water Conservation (Subordinate) Service Rules were not framed as a result whereof, the Draft of Meghalaya Soil and Water Conservation (Subordinate) Service Rules, 1996 were framed but not finalized. As a result whereof, the Government of Meghalaya has ordered that the procedure has to be followed in the matter of filling up the post of A-Cadre-I (General) and B-Cadre-II of the Meghalaya Soil and Water Conservation (Subordinate) Service under the control of Soil and Water Conservation Department, Meghalaya, same has been notified by the Soil and Water Conservation Department, Meghalaya vide No.SCD.54/93/Pt-I/77 dated 20.11.2003. Paras A and B of the said notification for the purpose of this case are relevant to be quoted:-

"A-CADRE-1-(GENERAL):

1. Soil Conservation Ranger Promotion to the posts of Soil Conservation Ranger shall be from amongst Soil Conservation Demonstrator (Sr) who have successfully completed the Middle Level Technician Training Course from any Soil Conservation Training Institute and have rendered (7) seven years of service on the first day of the year in which selection is made. Ratio of direct recruitment to promotion in any year shall be 1:3 or 25%:75%.

2. Soil Conservation Demonstrator (Senior) Appointment will be by 100% promotion from amongst Soil Conservation Demonstrator (Jr-1). Those eligible must have rendered at least 7(seven) years of qualifying service on the first day of the year in which selection is made.

3. Soil Conservation Demonstrator (Jr-I) Promotion to the posts of Soil