STATE OF M.P. Vs. A.K. RAJORIYA

JUDGEMENT

(1.) THESE two SLPs are directed against the judgment and order dated 4th May, 1990 of the Madhya Pradesh State Administrative Tribunal. Notices to the respondents in each of the SLPs were issued for final hearing. After service of the notices and completion of the pleadings, the SLPs have come up for hearing before us today. Leave is granted in both the SLPs.

(2.) THE short question involved in these appeals is whether Rule 6 (2) of the Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules, 1985 (hereinafter referred to as the "Rules") relates to the filling in of the vacancies by recruitment from direct recruits and promotees or to maintaining their proportion in the total strength of the cadre.

(3.) IT is not disputed that initially there were 66 posts of Deputy Director of Industries in the Directorate of Industries. Nine of the said posts were later transferred to other departments and hence the strength of the cadre of Deputy Director of Industries in the Directorate of Industries was reduced to 57. It, however, appears that at the relevant time, 8 of the Deputy Directors from out of 57, were promoted to the post of Joint Director. Hence, only 49 posts of Deputy Director were occupied by the incumbents when in August 1987 the Government issued an advertisement inviting applications from direct recruits for eight posts of Deputy Director. Pursuant to the advertisement, eight direct recruits were selected and appointed to the said posts.