RAJASTHAN PUBLIC SERVICE COMMISSION versus CHANDAN RAM AND ANR.

Citation: [1998] 1 S.C.R. 1099 · Decided: 26-02-1998 · Supreme Court of India · Bench: S.B. MAJMUDAR · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

RAJASTHAN PUBLIC SERVICE COMMISSION 
A 
v. 
CHANDAN RAM AND ANR. 
FEBRUARY 26, 1998 
[S.B. MAJMUDAR AND V.N. KHARE, JJ.] 
B 
Service Law : 
Rajasthan State Agricultural Marketing Service Rules, 1986: Rule 4. 
c 
Cadre-Abolition of-Creation of new cadre-Existing entries in Service 
Rules in respect of "Assistant Director (Senior)" and "Assistant Director 
(Junior)" substituted by new entries of "Assistant Director" and ''Marketing 
Officer" respectively-Service Rules further amended changing eligibility 
conditions for the post of Marketing Officer-Public Service Commission 
invited applications for Assistant Director (Junior) based on old Service D 
Rules-However, recruitment was stopped pending amendment of Service 
Rules-Fresh advertisement issued for filling up vacancies including old 
vacancies for the post of A1arketing Officer in accordance with amended 
Service Rules-Held: No appointment could be made for the posts of Assistant 
Director (Junior) since the cadre stood abolished-Commission's decision to E 
fill up vacancies of Marketing Officer, including the vacancies of the abolished 
cadre, on the basis of amended Service Rules, upheld. 
The respondent applied for one of the 23 posts of Assistant Director 
(Junior) pursuant to the advertisement issued by the appellant-Commission. 
Before the last date for submission of the applications the State Government F 
directed the Commission not to go ahead with the said recruitment as the 
relevant service rules were being amended. Subsequently, the State 
Government issued a notification amending relevant entries in the Schedule 
to the Rajasthan State Agricultural Marketing Service Rules, 1986 whereby 
the posts of "Assistant Director (Senior)" and "Assistant Director (Junior)" 
were respectively substituted by the posts of "Assistant Director" and G 
"Marketing Officer". By another notification issued in April 1995 the 
eligibility conditions for appointment as Marketing Officer were also changed 
which prescribed an additional qualification of M.Sc. (Agriculture) with 
specialisation in Agriculture Economics/Agriculture, Marketing. Thereafter, 
the appellant-Commission issued a fresh advertisement for filling up 26 
posts of Marketing Officers. 
H 
1099 
A 
B 
llOO 
SUPREME COURT REPORTS 
[1998) l S.C.R. 
The res1iondent applied once again pursuant to the fresh advertisement 
and was asked to appear before the appellant-Commission for a screening 
test. Instead of appearing for the screening test the respondent filed a writ 
petition before the High Court contending that the respondent was entitled 
to he considered on the basis of the earlier Service Rules and not on the 
basis of the amended Service Rules of 1995. The Single Judge of the High 
Cou!1 dismissed the said petition. However, the Division Bench allowed the 
petition on the ground that old vacancies had to be filled up on the basis of 
earlier Service Rules and not on the basis of the amended Service Rules. 
Hence this ap1ieal. 
C 
Allowing the a1i1ieal, this Court 
HELD : I. I. A conjoint reading of the two ll1Jlending notifications with 
the erstwhile Schedule entries of Rule 4 of the Ra.iasthan State Agricultural 
Marketing Service Rules, 1986 leaves no room for doubt that after the 
amendments to the statutory rules erstwhile posts of Assistant Directors 
D (Senior) ceased to exist and in their 1ilace became the posts of Assistant 
Directors simplicitor. The said po~1s after the amendment bad to be filled in 
by HJO% 1iromotion from the incumbents holding newly created posts of 
Marketing Officers which sub~1ituted the earlier existing posts of Assistant 
directors (Junior). So far as the erstwhile 1iosts of Assistant Directors 
E (Junior) were concerned, serial no. 4 dealing with the said erstwhile posts 
unden\"ent a metamorphosis and the said posts got substituted by the newly 
created posts of marketing officers who could be recruited now hy 50% 
promotion and 50% by direct recruitment For 50% direct recruitment to 
the newly created posts of Marketing officers, the eligibility qualifications 
were also changed and an additional qualification , namely, of M.Sc. 
F (Agriculture) with specialisation in Agriculture Economics, Agriculture 
Marketing was 1irescribed. It has, therefore, to be held that after A1nil 1995 
the erstwhile posts of Assistant Directors (Junior) ceased to exist and a new 
cadre of Marketing Officers came into existance. [1110-C-G] 
G 
1.2. It is true that the pay scale rem

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