LexY. B. BADAMI ETC. versus STATE OF MYSORE & ORS.
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A B .. • • c D E r •. --< • "F .Y 1 G H 815 Y. B. BADAMI ETC. STATE OF MYSORE & ORS. September 17, 1975 [A. N. RAY, C.J., K. K. MATHEW ANDY. Y. CttANDRACHUD, JJ.J M.vsore Administrative Service (Recruitment) Rules. 1951-Direct Recruits and prornotees-Quotas fixed-A promotee temporarily appointed against direct recruitn1ent vacancy-Whether could clailn a riuht of ·seniority in the post as against a direct recruit . The I\1ysore Administrative Service (Recruitment) Rules, 1957 classified clas5 I posts into two categories : senior scale posts and the junior scale posts. 'fwo-thirds of the junior class I posts were filled by promotion from ClaS'5 II officers and the balance of one-third by direct recruitment by the Public Service Commission. The Mysore Administrative Service (Cadre) Rules, 1958 fixed the cadre strength at 12 senior 'Scale posts and · 135 junior scale posts, all of which were permanent. By the Mysore Recruitment of Gazetted Probationers Rules, 1959. the quota for direct recruitment to the Mysore Administrative Service Was increased from one-third to two-thir'ds for a period of five years a·s a consequence of which the quota for promotees had been reduced to one- third. Rule 17(b) of the 1957-Recruitment Rule•3 empowered the Government to fill up posts-temporarily by promotion against vacancies for direct recruits but such promotees were liable to be reverted after the appointment of direct re.:ru.its. In exercise of thi~ power, the eight appellants along with 51 other were promoted to officiate as junior ,Clas·s I officers in the 59 vacancies (39 for promotees <ind 20 for direct recruits). In 1962, the Government appointed direct recruits to 20 of the junior Class I posts but to avoid any hardship to the officiating promotees and to avoid audit objections, the Government sanc- tioned 20 ten1porary post.1· to accommodate the probationer for the two year period of their training. At the end of two years, and on completion of probation, in 1964 the Government terminated the probation of the ·direct recruits, as a result of which they beca-me entitled, under Rule 9 of the Govern- ment Service Probation Rules. 1957. to be confirmed as full members of the service. They \Vere accordingly confirmed in the 20 substantive vacancies exis"- ing within their quota. The Government, however, did not renew the temporary vacan::ies after the direct recruit'5 had been confirmed in the permanent vacancies . In January, 1972, a Gardation List was published in which the direct recruits (respondents) were shown as senior to the appellants. The numbers of the respondents in the ]i'5t were 214 to 236 whereas those of the appellants were 273 to 280. The appellants challenged the seniority of the respondents in writ petitions on the ground mainly that the respondents were recruited only to the 20 temporary posts created and that the appellants and 51 others were appointed to 59 permanent vacancies. The High Court dismissed the writ petitions. Dismissing the appeal to this Coµrt, HELD : The contention of the appellants that the respondents were rec~uited to temporary vacancies i'l wrong. Respondents (direct re·:ruits) were entitled to the vacancies \Vithin their quota which had not been filled up and they were senior to the appellants. f821 D; 825Fl (I) The principles generally followed in working out the quo~a rule are. (i) Where rules prescribe quota between direc· recruits and momotees_ confirma- tion or substantive appointment can only be in respect of ,:;tear vacancies in the permanent strength of the cadre; (ii) confirmed persons are senior to those who a-re officiating; (iii) as be ween person~ appointed in officiating capacity, seniority is to be counted on the length of continuous service: (iv) direct recruitment is possible only by compe~itive examination whi::h is the prescribed procedure under the rules. In promotional vacancie'l the promotion is either· 4-Lll27SCl/75 • 816 SUPREME COURT REPORTS [1976] 1 s.c.R. by selection or on tho p;inciple of seniority.c;u1n merit. A promotion could be made in respect of a temporary post or for a specified period, but direct recruit- ment bas generally to be made only in respect of a clear permanent vacancy, either exi-.l1ng or ?nticipated to a·rise at or about the period of proba'.1on is ex.i"'Jected to be completed; (v) if promotions are made to vacancies in excess of the promotionul
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