SUPREME COURT OF INDIA

Before:- M. Jagannadha Rao and A.P. Misra, JJ.

Civil Appeal No. 5889 of 1999. D/d. 8.10.1999.

Chhotu Ram - Appellants

Versus

State of Haryana - Respondents

A. Haryana Service of Engineers Class II (Public Works Department, Irrigation Branch) Rules, 1970, Rule 9 - Promotion - Eligibility - Crucial date for determining - Appellant appeared in AMIE (B) Examination held in November, 1979 - On 3.3.1980 he was declared successful - Departmental Promotion Committee (DPC) met in September 1980 and declared appellant as ineligible on ground that he was not declared successful on the cut off date prescribed in statutory recruitment rules for determining eligibility - However, an administrative order clarified that eligibility could be determined with reference to date of completion of examination if result declared by time of compensation of examination - Held, said order not conflicting with statutory rules - Hence, same could be given effect to.

[Para 5]

B. Service - Promotion - Retrospective promotion - Appellant found entitled to be considered for promotion retrospectively from 1980 - Such promotion likely to affect inter se seniority of others - Such affected persons must be given show cause notice prior to finalisation of appellant's case.

[Para 5]

ORDER

M. Jagannadha Rao, J. - Leave granted.

2. Heard counsel on both sides. The question relates to the promotion of the appellant to the post of Sub-Divisional Officer against the ten per cent quota allocated for those who have passed AMIE Examination.

3. The admitted facts are that the appellant was appointed as a Junior Engineer on 16-6-1973 in the Haryana Public Works Department (Irrigation Branch) on regular basis. He appeared in AMIE(B) Examination in November 1979 and was declared successful on 3-3-1980. The Departmental Promotion Committee met in September 1980 to consider the cases of eligible candidates for promotion and took the view that the appellant was not eligible for promotion and that consequently, the case of the appellant could not be considered for promotion. The appellant filed a writ petition in the High Court and the same was dismissed without giving any reason.

4. In this appeal, learned counsel for the appellant has relied upon the clarification dated 23-7-1973 issued by the Chief Secretary, Government of Haryana in a similar case. That matter related to promotion of Section Officers in the Irrigation Department. It is stated in that order as follows:

Commissioner of Administrative Department and Chief Secretary has reconsidered and decided that eligibility may be taken from the date of completion of examinations, if by the time, the matter regarding promotion is taken up, the result of examination had been declared.

The Administrative Department is also advised that the date of examination and date of declaration of result should be regulated in such manner that the result of any examination held in a particular year should be declared by the end of December positively.

5. It is true that Rule 9 of the Haryana Service of Engineers Class II (Public Works Department, Irrigation Branch) Rules says that the cut-off date will be the 1st of January of the year concerned and here the cut-off date will be 1-1-1980. In a situation where a person takes an examination before the cut-off date and the result is declared after the cut-off date the abovesaid administrative order dated 23-7-1973 clarifies as to what is to be done. In our view the said clarification is not in conflict with the statutory rules, inasmuch as it only states that where by the date on which the Departmental Promotion Committee meets, the result is also declared, maybe subsequent to the cut-off date, the person must be considered to be eligible with reference to the date of the examination if the examination had been conducted before the cut-off date. We do not, therefore, see any conflict between the clarification dated 23-7-1973 and the statutory rules. Giving effect to the abovesaid clarification, it must be held that the appellant was qualified as on September 1980 when DPC met. We, therefore, order that the case of the appellant be considered on the basis that he was qualified by the cut-off date, 1-1-1980. If he is considered fit for promotion as in September 1980, he shall be given the necessary promotion and other consequential benefits. In case the Department feels that any other persons are likely to be affected in the seniority it will be open to the Department to give notice to those candidates before finalising the case of the appellant.

The appeal is allowed. However, in the circumstances there shall be no order as to costs.

Appeal allowed.