B K MANJAPPA RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners belong to Class III, Division I Service in the Survey of India Department. The Union Public Service Commission have called for applications by their advertisement, dated 8th February, 1975 for filling up by direct recruitment 86 posts of Officers, Surveyors in Class II Service of the Survey of India. The grievance of the petitioners is that those 86 posts should be filled up ty promotion from Class 111, Division I. Therefore, they filed the writ petition. Subsequently, by an amendment petition they have confined their relief that 50% of the total number of vacancies should be filled up by promotion of suitable candidates, from Class III, Division 1 Surveyors.

(2.) In order to appreciate their contention it is necessary to refer to the relevant rules. Rule 3 of the Survey of India Glass II(Recruitment) Rules provides that recruitment to Class II Service shall be (ii') by direct recruitment -(ii) by promotion by transfer from another service or department in accordance with Part III of the Rules and (iii) occasional admission of other qualified persons in consultation with the Public Service Commission. Rule 4 says that subject to the provisions of rule 3, Government shall determine the method or methods to be employed for the purpose of filling any particular vacancies or such vacancies as may require to be filled during any particular period and the number oi candidates shall be recruited by each method. Part 111 of the Rutes relates to recruitment by promotion or transfer from another service department. Rule 22 says that subject to availability of suitable persons, 50% of the vacancies in the Survey of India Glass II Service shall be filled by promotion by selection on merit from such of the Glass III, Division I (Topographical Establishment) Personnel who have rendered a minimum of three years service in that establishment. Clause 4 of Appendix I is to the same effect as rule 22. In addition it says that the remaining vacancies shall be filled in accordance with Glauses (i) and (ii) of rule 3.

(3.) Though in the beginning Sri W. V. V Sundara Rao has argued that in view of the recommendations of the Third Central Pay Commission and Administrative Reforms Committee the posts in Glass II should be filled up only by promotion but not by direct recruitment, he has subsequently given up that contention since the statutory rules referred to supra have not been amended to that effect. His contention is that under the statutory rules, when vacancies had to be filled up, 50% of those vacancies should be filled up by promotion. He further submitted that if in a particular year 50% of the vacancies could not be filled up by direct recruitment they could not be carried forward to the next year and filled up by direct recruitment. On the other hand, it is submitted b> Sri Subivhrranya Reddy, the learned Counsel for the respondents that under the Rules 50% of the posts borne on the cadre should be filled up by promotion and the petitioners cannot claim that they should be promoted to 50% of the vacancies as and when they are filled up, and there is no question of carrying forward the vacancies reserved for direct recruitment to the next years. 1 agree with the submissions of the learned Counsel for the Central Government. Under rule 4, the Government have the power to determine the method or methods to be employed for purpose of filling any particular vacancies during any particular period and the number of candidates tc be recruited by each of the three methods mentioned in rule 3. Under rule 22, subject to availability of suitable persons only 50% of the vacancies in Glass II Service shall be filled by promotion from Glass III Division I Personnel. Thus, they are not entitled for more than 50% of the vacancies. Sri Sundara Rao, laid great emphasis on the word " vacancies " in rule 4 and rule 22 and clause 4 of Appendix I and submitted that it is not 50% of the cadre strength but 50% of the vacancies that should be filled up by promotion. That is not correct. Class 11 Service is a cadre by itself and 50% of the posts in that cadre must go to promotees and the remaining tc direct recruits. The recruitment is not made every year. There is also no reservation in every year either for direct recruits or for promotees. Therefore, at any given time it should be 50% for promotees and the remaining 50% for direct recruits. Under the Rules, when the cadre consists of direct recruits and promotees the principle of carrying forward of any vacancies does not arise at all. Only at any given time recruitment by promotion should not exceed 50%. In this connection, 1 may also refer to some of the decisions relied upon by the learned Counsel for the respondents.