LexSTATE OF MAHARASHTRA versus JAGANNATH ACHYUT KARANDIKAR
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};,-, STATE OF MAHARASHTRA A v. JAGANNATif ACHYUT KARANDIKAR MARCH 8, 1989 [K.N. SINGH, AND K. JAGANNATHA SHETTY, JJ.] B " Maharashtra State Subordinate Secretariat Service Rules 1951, ~ 1955 and l962-Rules 1 to 5-Departmental Examination, passing of- Condition precedent for promotion to cadre of Superintendents "late passing" of examination-Whether affects position in Seniority List- Whether Government has to make specific O!der relaxing condition for c passing examination-Circular dated Jan. 15, 1962-Effe~t of-Vis-a- ... Vis-Statutory Rules . Respondents 1 to 8 are Assistant Secretaries/Section Officers/ Superintendents who are working in different departments of the State of Maharashtra. Under the Rules governing their Service conditions the D Govt •. bad prescribed Departmental Examination for promotion to the cadre of Superintendents; the passing of the examination was a condi- lion precedent for the officials for being promoted as superintendents. 11 The Examination in question was required lo be conducted every year and the officials were required to pass the same within the stipulated period; and the officials who were not able to pass the said examination E within the prescribed period were to lose their Seniority, but they were permitted to take the examination in any number of chances after the expiry of the stipulated period and they were to be promoted only when '( they qualify tbemselve5. The Govt. as required under the Rules, could not bold the examination every year·particularly in the years 1%8, 1969 & 1970. The Govt. neither extended the period within which the F officials were required to pass the examination nor promoted the seniors in the cadre of Superintendents subject to their passing the examination and instead thereof the juniors in the cadre who had qualified in the· examination were promoted to the cadre of Superintendents. The seniors in the cadre were promoted only when they qualified the examination i.e. _later in point of tjnie. G .,. The Govt. issued a revised Seniority List relating to the cadre of Superintendents. In the said List the Respondents herein were shown junio.rs to those persons who had not only qualified the Dept. Examina- lion later in point of time but also promoted after them. Being aggrieved, the Respondents herein challenged the validity of tlie revi- H 947 948 SUPREME COURT REPORTS [1989] 1 S.C.R. / A sion of the Seniority List as also the validity of the Rules being violative }I I, of Art. 14 & 16 of the Constitution by filing a Writ Petition in the Bombay High Court. B c The High Court allowed the Writ Peto. and issued the following two directives to the State Govt. (I) To recast the Revised/Final Seniority List dated 20.12.1982 vis-a-vis the persons shown in the Category of "Late Passing" after considering the objections of the Writ Petitioners and Ors. and assign them seniority strictly in accordance with Rule 2 and the other Government Orders referred to in para- graph 96 of the Judgment, and (2) The Seniority in the Superintendent's Cadre so fixed should ~ also be considered as seniority for further promotions. Being dissatisfied with the said order of the High Court, the State D of Maharashtra filed appeals in this Court after obtaining Special Leave. Allowing the appeals this Court, HELD: Under the 1951 Rules, the candidate could appear for the E examination after two years of his entering into the cadre. He had three chances and he must pass within six years of his joining Service. Under the 1962 Rules a candidate was allowed to take the examination only after completing five years service in the cadre,' He· had three chances for taking the examination and that most be"livailed of within four years. That means he most pass the examination within 9 years' service. Under F both the Rules, the Govt was required to hold the examination every year, but no examination was held in 1968, 1969 and 1970. [953F-G I Those recruited in 1961 are deprived of two chances in 1968 & 1969. The candidates recruited in 1962 are deprived of three chances in 1968, 1969 & 1970 and those of the year 1963 have lost two chances in G 1969 & 1970. The last batch to lose one chance in 1970 is of the year 1964. [953H; 954A] Under the 1955 Rules, the Government preserved power to dispense with or relax the requirements of any rule regulating "the conditions of service of Government servants; or of a
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