RAGHOTTAM SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) In the Revenue Department of this State there are several echelons of subordinate services. The lowest category of the posts with which we are concerned in these writ petitions is that of Supervisor Qanoongos and Collection Amins from which promotion is made to the post Naib Tahsildar. The posts of Sadar Qanoongos and Naib Tahsildars are equivalent in rank. From these posts promotion is made to the post of Tahsildar. The next higher post is that of Deputy Collector. There are two main sources of recruitment for posts of Deputy Collectors-one, by direct recruitment through Public Service commission (hereinafter to be referred to as the Commission) and the other, by promotion of Tahsildars. There are separate service rules in respect of these three grades of posts. The Naib 1 ahsildar Service Rules are of 1944 and the Tahsildar Service Rules are of 1966. Originally, the Tahsildar Service Rules of 1966 laid down a detailed procedure in regard to promotions of Naib Tahsildars to the posts of Tahsildars. Public Service Commission was associated with the selection process for promotion.

(2.) Later on, with effect from Oct. 6, 1970, the State Government in exercise of the powers conferred by Art. 309 of the Constitution made the U. P. Promotions by Selection in Consultation with Public Service Commission (Procedure) Rules. 1970. Rule 2 of these rules states that these rules shall apply to all services and posts in connection with the affairs of Uttar Pradesh to which recruitment by promotion is required to be made by the selection Committee in consultation with the Public Service Commission otherwise than on the results of a competitive examination. Rule 3 lays down that the provisions of these rules shall have effect notwithstanding anything inconsistent therewith in any service rules in force immediately before the commencement of these rules.

(3.) In this manner these rules (hereinafter to be referred to as the 1970 Rules) came to govern the procedure for promotion from the posts of Qanoongos to the posts of Naib Tahsildar and also from the posts of Naib Tahsildar to the posts of Tahsildar and from the posts of Tahsildar to the posts of Deputy Collector, in supersession of the specific provisions that were earlier contained in the respective service rules. -