MAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) It is not necessary to advert to the facts of the case in detail as the only prayer made by the petitioner is that respondent No. 3 i.e. the Haryana State Federation of Consumers Co-operative Wholesale Stores Ltd., through its Managing Director should be directed to comply with the provisions of the Haryana State Federation of Consumers' Co-operative Wholesale Store Ltd. Staff Service Rules, 1975 (hereinafter called the rules) inasmuch as the said respondent was violating Rule 9.4 of the Rules by not adhering to the quota provided for the promotional posts of the ranks of General Manager/Assistant Managers. Rule 9.4 of the Rules provides that 66-2/3% posts of General Managers/Assistant Managers/Accounts Officer/Establishment Officer shall be filled by way of promotion and 33-1/3% by way of direct recruitment. Rule 9.4, with which we are concerned is reproduced below :-

(2.) The grievance of the petitioner is that on 31st December, 1987, the sanctioned strength of General Managers and Assistant Managers was 15 and 41 respectively; whereas actual incumbents who were holding these posts were 42 and 67 respectively. In other words, there were temporary posts over and above the sanctioned strength in these ranks. It has further been averred in the writ petition that as far as the General Managers were concerned there were 38 incumbents who were holding posts as direct recruits, while 4 were the promotees. So far as the Assistant Managers are concerned, 61 were the direct recruits and 6 were the promotees. These averments have not been denied by respondent No. 3.

(3.) I find force in the submissions of the learned counsel for the petitioner. Respondent No. 3 cannot violate the quota fixed under Rule 9.4. Even if the temporary posts are to be filled, the same are to be filled in accordance with the quota prescribed under Rule 9.4. It may not be appropriate at this stage to disturb the persons, who might have been appointed by way of direct recruitment, though in excess of their quota. However, respondent No. 3 is required to follow Rule 9.4 for the future appointments to the above ranks and adhere to the quota of the promotees and the direct recruits. It may be clarified that whether the posts are to be filled on permanent basis or temporary basis, quota has to be adhered to. Since as averred by the petitioner (and there is no denial) that direct recruits are already in excess of their quota, all future vacancies of General Managers/Assistant Managers be filled by way of promotion, so that the quota of promotees and direct recruits is maintained as provided in Rule 9.4 of the Rules.