GIRISH KUMAR versus STATE OF MAHARASHTRA AND OTHERS

Citation: [2019] 7 S.C.R. 881 · Decided: 10-05-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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GIRISH KUMAR
v.
STATE OF MAHARASHTRA AND OTHERS
(Civil Appeal No. 4894 of 2019)
MAY 10, 2019
[L. NAGESWARA RAO AND M. R. SHAH, JJ.]
Maharashtra Zilla Parishads District Services (Recruitment)
Rules, 1967 – Appendix IX – Maharashtra Civil Services (Regulation
of Seniority) Rules, 1982 – r.5 – Appellant was promoted to the post
of Office Superintendent by order dated 22.10.2007, however, w.e.f
07.10.2005 – Respondent No.3-Junior Assistant was undergoing a
departmental enquiry, however he was exonerated in departmental
enquiry on 15.06.2006 – Considering r.5 of 1982 rules, he was
promoted as Senior Assistant on 06.11.1999 and thereafter, he was
promoted as Office Superintendent on 22.10.2007 – Respondent
No.3 was granted deemed date of promotion to the post of Office
Superintendent w.e.f 07.10.2005 – Respondent No.3 was placed in
the higher position in the seniority list above the appellant and was
consequently promoted as Section Officer on 01.02.2008 – Writ
Petition by the appellant – High Court directed appellant to
approach the Additional Divisional Commissioner – Additional
Divisional Commissioner allowed the appeal of the appellant and
set aside the order of promotion of respondent no.3 – Writ petition
by respondent no.3 – High Court set aside the order of the Additional
Divisional Commissioner – On appeal, held: Respondent no.3 was
granted the deemed date of promotion to the post of Office
Superintendent with effect from 07.10.2005 – However, he was
actually promoted as Office Superintendent on 22.10.2007 –
Therefore, in fact, he has rendered service as Office Superintendent
only from 22.10.2007 – As per Appendix IX to the Recruitment rules,
1967, the eligibility for appointment to the promotional post of
Section Officer requires three years continuous service – The
language used in Appendix IX is unambiguous, simple and plain –
Therefore, on a fair reading of Appendix IX of the Recruitment Rules,
1967, to become eligible for the promotional post of Section Officer,
a person ought to have rendered continuous service of not less
   [2019] 7 S.C.R. 881
881
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SUPREME COURT REPORTS
[2019] 7 S.C.R.
than three years – In the instant case, respondent no.3 had not
completed three years of service for a continuous period of not less
than three years in the feeder cadre in District Service (Class III)
(Ministerial) Grade II, therefore, he was not eligible for promotion
to the post of Section Officer – The High Court committed a grave
error in holding otherwise – Thus, the Additional Divisional
Commissioner, rightly allowed the appeal and set aside the order of
promotion of respondent no.3.
Maharashtra Zilla Parishads District Service (Recruitment)
Rules, 1967 – Maharashtra Civil Services (Regulation of Seniority)
Rules, 1982 – Distinction between the rules – Discussed.
Allowing the appeal, the Court
HELD : 1. The Maharashtra Civil Services (Regulation of
Seniority) Rules, 1982  and the  Maharashtra Zilla Parishads
District Service (Recruitment) Rules, 1967  both are different
rules and enacted under the different provisions and they operate
in different fields. The Recruitment Rules, 1967 are enacted/
framed in exercise of powers conferred by clause xxxix of sub-
section 2 of Section 274 of the Maharashtra Zilla Parishads and
Panchayat Samities Act, 1961.  The said Rules shall apply to the
recruitment to all posts in District Technical Service (Class III),
District Service (Class III) and District Service (Class IV).  On
the other hand, the Seniority Rules, 1982 are framed/enacted in
exercise of powers conferred by proviso to Article 309 of the
Constitution of India.  As per the Seniority Rules, 1982, the
seniority of government servants shall be regulated in accordance
with the provisions of the Seniority Rules, 1982.  The said
Seniority Rules, 1982 are made applicable to the District Service
also.  Therefore, the Seniority Rules, 1982 shall govern the
seniority only and not with respect to the recruitment. The
recruitment shall be governed by the Recruitment Rules, 1967
only. [Para 8] [890-H; 891-A-C]
2. In the present case, the High Court has considered Rule
5 of the Seniority Rules, 1982 and has not at all considered the
Recruitment Rules, 1967.  Respondent no.3 might have been
granted the deemed date of promotion to the post of Office
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Superintendent with effect from 07.10.2005. However, he was
actually promoted as Office Superintendent on 22.10.2007.
Therefore,

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