SAROJ RANI AND ANR. ETC. ETC. versus STATE OF PUNJAB AND ORS.

SAROJ RANI AND ANR. ETC. ETC. versus STATE OF PUNJAB AND ORS.

The exemption granted under Rule 12 cannot obliterate the rule for promotion by examination. Both exemptees and qualifiers for promotion form one class, and vacancies after the notification must be filled in the ratio of 70% exemptees and 30% qualifiers, with no inter se preference among qualifiers based on number of chances. The notification was prospective and valid, as reasons for exemption existed in the record and Rule 12 contains sufficient guidelines.

Parties
Appellant: Saroj Rani; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
24 August 1999
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeals disposed of with directions
Legal Topics
Promotion, Examination, Seniority, Exemption in Service Rules
Service Law Promotion Examination Seniority Exemption in Service Rules

Case Brief

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Parties

Saroj Rani

Appellant

State of Punjab

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether exemption from examination for promotion granted to clerks with 18 years of service under Rule 12 of Punjab State Assistant Grade Examination Rules, 1984 is valid
  2. 2 Whether notification dated 21.1.1991 granting exemption is invalid for want of reasons
  3. 3 Whether Rule 12 confers unbridled power without guidelines

Ratio Decidendi

The exemption granted under Rule 12 cannot obliterate the rule for promotion by examination. Both exemptees and qualifiers for promotion form one class, and vacancies after the notification must be filled in the ratio of 70% exemptees and 30% qualifiers, with no inter se preference among qualifiers based on number of chances. The notification was prospective and valid, as reasons for exemption existed in the record and Rule 12 contains sufficient guidelines.

Court Disposition

Appeals disposed of with directions

Orders

  • All vacancies of Assistant/Senior Assistant prior to 21st January, 1991 to be filled by qualifiers, exemptees to have no claim.
  • Vacancies after 21st January, 1991 to be filled in 70% exemptees and 30% qualifiers ratio for each year until all qualifiers are absorbed.