STATE OF UTTARANCHAL & ORS. versus C.S.R.K.S. MEDICAL HEALTH SERVICES, UTTARANCHAL

Citation: [2014] 10 S.C.R. 1190 · Decided: 16-10-2014 · Supreme Court of India · Bench: J.S. KHEHAR · Disposal: Appeal(s) allowed

Judgment (excerpt)

'. 
A 
B 
[2014] 10 S.C.R. 1190 
STATE OF UTTARANCHAL & ORS. 
v. 
C.S.R.K.S. MEDICAL HEALTH SERVICES, 
UTTARANCHAL 
(Civil Appeal No. 7696 of 2009 etc.) 
OCTOBER 16, 2014. 
[JAGDISH SINGH KHEHAR AND ARUN MISHRA, JJ.] 
Uttaranchal Government Servants (Criterion for 
C 
Recruitment by Promotion) Rules, 2004: 
Rule 1 (3) - Promotion from Group 'D' post to Group 'C' 
post - Held: Promotional posts under consideration do not 
require consultation with Public Service Commission and, as 
0 
such, the 2004 Rules would apply to promotional avenues 
under consideration. 
Rule 2 - Overriding effect - Held: Rule 2 of the 2004 
Rules leaves no room for any doubt that the 2004 Rules have 
an overriding effect, notwithstanding anything to the contrary 
E 
contf!ined, in any other Service Rules promulgated under Art. 
309 _of the Constitution of India - All the other Rules brought 
to the notice of the Court had been notified prior to the 
Notification of the 2004 Rules (notified on 15.06.2014) -
Thus viewed, the 2004 Rules have an overriding effect on 
F 
other Rules. 
Rules 1 (3) and 4 -
Promotion from Group 'D' post to 
Group 'C' post - Criterion - 'Seniority to the rejection of unfit' 
- Government Orders dated 17. 7. 2004 and 8. 11. 2004 set 
G aside by High Court holding the same as violative of Rule 4 
- Held: Inter se merit is inconsequential for promotions under 
Rule 4 of the 2004 Rules, insofar as promotions from Group 
'D' service to the lowest ranks of ministerial posts in Group 
'C' service, are concerned -
Rule 4 postulates seniority as 
H 
1190 
STATE OF UTIARANCHAL v. C.S.R.KS. MEDICAL HEAL TH 1191 
SERVICES, UTTARANCHAL 
the basis for promotion, but it also provides that promotions A 
would be made subject to the "rejection of unfit" - If the G. Os. 
dated 17. 7. 2004 and 8. 11. 2004 were the basis of determining 
the fitness of employees concerned, for onward promotion and 
for adopting measures for 'rejection of the unfit' then the two 
G. Os. would squarely fall within the purview of r. 4 of 2004 B 
Rules - G.Os. dated 17.07.2004 and 08.11.2004 are upheld 
-
Service Law. 
The instant appeal arose out of the order of the High 
Court by which it set aside the Government Orders dated C 
17. 7 .2004 and 8.11.2004 as violative of Rule 4 of the 
Uttaranchal Government Servants (Criterion for 
Recruitment by Promotion) Rules, 2004. 
Allowing the appeal, the Court 
D 
HELD: 1.1. A perusal of Sub-rule (3) of Rule 1 
explicitly mandates that the Uttaranchal Government 
Servants (Criterion for Recruitment by Promotion) Rules, 
2004 would regulate promotion to such posts with 
reference to which consultation with the Public Service 
E 
Commission is not required. The promotional posts 
under consideration do not require consultation with the 
Public Service Commission, and as such, the 2004 Rules 
would apply to the promotional avenues under 
consideration. [para 4] [1194-F-G] 
F 
1.2. Rule 2 of the 2004 Rules leaves no room for any 
doubt, that the 2004 Rules have an overriding effect, 
notwithstanding anything to the contrary contained, in 
any other Service Rules promulgated under Art. 309 of 
the Constitution of India. All the other Rules brought to G 
the notice of the Court had been notified prior to the 
Notification of the 2004 Rules (notified on 15.06.2014). 
Thus viewed, the 2004 Rules have an overriding effect on 
the other Rules. [para 5) [1195-C-D] 
H 
1192 
SUPREME COURT REPORTS 
[2014) 10 S.C.R. 
A 
2.1. There can be no doubt whatsoever that inter se 
merit is inconsequential for promotions under Rule 4 of 
the 2004 Rules, insofar as promotions from Group 'D' 
service to the lowest ranks of ministerial posts in Group 
'C' service, are concerned. The real mandate of the said 
8 
Rule is, that for the posts under reference seniority would 
regulate onward promotion, however, subject to the 
condition of suitability, inasmuch as, promotions are to 
be made on the basis of seniority, subject to the 
"rejection of the unfit". If the Government Orders dated 
C 17.07.2004 and 08.11.2004 were the basis of determining 
the fitness of concerned employees for onward 
promotion and for adopting measures for "rejection of 
the unfit" then the two Government Orders would 
squarely fall within the purview of Rule 4 of the 2004 
0 
Rules. Otherwise, they would be in conflict therewith. 
[para 7 and 10] [1196-A-D; 1200-E] 
2.2. It was the endeavour of the Government to 
determine fitness of Group 'D' employees, for onward 
pr

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