T S THOMAS Vs. STATE

JUDGEMENT

(1.) THE question for determination in this petition is the true meaning and effect of R. 5 of the Rules dated 8-6-1953. THE relevant part of the Rules reads as follows: "appointment shall ordinarily be made by direct recruitment and by promotion of persons already, in Municipal service possessing the prescribed qualifications, in equal proportions. It shall however be open to Government to vary this proportion, if on the occurrence of vacancies in the cadre, suitable persons with the prescribed qualifications are not available for promotion from municipal service or in exceptional cases, to appoint as Municipal commissioners suitable persons in Government service on foreign service conditions".

(2.) ACCORDING to that rule, 50 per cent of the vacancies of the Municipal Commissioners should ordinarily be filled up by direct recruitment and 50 per cent by promotion from the Municipal Service. This principle has apparently not been followed, & I think the best course will be to direct the Government to review the position in the light of the principle mentioned above.

(3.) THE petition will stand disposed of as above. No costs.