Service Law

Promotion

— Eligibility — Length of service — Computation of — Rule providing for promotion to the higher post of Dy. Director of Factories on the basis of seniority from amongst substantively appointed Asstt. Directors of Factories who had put in at least five years' service as such, held, essentially requires substantive appointment as Asstt. Director and not mere experience in the service — Since the Rules required the appointment to the post of Asstt. Director to be made after selection through PSC, experience gained in the post of Asstt. Director consequent to ad hoc appointment made without selection by PSC, held, did not meet the requirement of the Rule — U.P. Labour Department (Factories and Boilers Division) Officers Service Rules, 1980, R. 5(iii) — Computation of requisite length of service under — Manner of — Legal position prior and subsequent to the 1992 amendment to R. 5(iii) considered, (2006) 6 SCC 430-A

Service Law

Appointment

— Validity of appointment — Where the Rules framed under the proviso to Art. 309 of the Constitution provided for selection through PSC, an appointment made without complying therewith, held, would be void ab initio and incapable of regularisation, (2006) 6 SCC 430-B

Service Law

Service rules

— Relaxation — Conditions for — Rule enabling dispensation with or relaxation of rules in consultation with PSC where necessary, in case any rule causes undue hardship in any particular case — Invoking such a provision in favour of a particular candidate who was facing no undue hardship, held, impermissible — In fact hardship was caused to his seniors — Moreover, consultation with PSC is a must for applying such a rule, (2006) 6 SCC 430-C

Administrative Law

Natural justice

— Malice in law and malice in fact — Distinction between — Case-law discussed — Promotion after relaxing the rules in favour of an individual with undue haste, held, indicative of mala fide — More so when the said individual alone was considered, although there were other candidates senior to him and fulfilling the same criteria and no seniority list was prepared although the criteria for selection was seniority subject to rejection of unfit — Moreover, the promotional post of Dy. Director (Chemical) converted into the post of Dy. Director (Administration) for accommodating the said candidate dehors the Rules and PSC although required by Rules to be consulted, not consulted in the matter of promotion and no reason stated for such omission — Such approach of the authorities, held, aimed at achieving a private interest and not public interest — Therefore, action suffered from the vice of malice in law, (2006) 6 SCC 430-D

Service Law

State Services

— U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (4 of 1994) — S. 8 — Power under, to grant relaxation in favour of SC, etc. — Scope — Held, does not extend to granting relaxation of essential qualifications — Hence, relaxation of the requirement of five years' experience from the date of substantive appointment [as contained in R. 5(iii) of the U.P. Labour Department (Factories and Boilers Division) Officers Service Rules, 1980] by the authorities, held, beyond their powers and hence called for interference — Manner of exercise of discretionary power restated — Case-law discussed, (2006) 6 SCC 430-E

Service Law

Reservation

— Roster — Arrangement in, exceeding the statutory limit — Impermissibility — Where the Act confined reservation in favour of SC etc. to 21%, provision in roster for reservation of 2 out of 6 posts, held, impermissible and violative of Arts. 14 to 16 of the Constitution — Further held, in such a case, rule of strict construction should be applied and action on the part of State must be judged in terms thereof — Further held, statute professing division among citizens subject to Arts. 15 and 16 must pass the test of strict scrutiny, (2006) 6 SCC 430-F

Constitution of India

— Arts. 14, 15 and 16 — Service matters — Reservation — Extent of reservation — Violation of when violates basic features of the Constitution — Statutes professing division amongst citizens subject to Arts. 15 and 16 — Necessity to pass the test of strict scrutiny, emphasised — Object of constitutional policy of protective discrimination and affirmative action and extent to which the same can be approved by the constitutional courts, explained, (2006) 6 SCC 430-G

Service Law

Promotion

— Judicial review — Scope of interference under Art. 136 — Long period of working of the respondent in the promoted post, when no bar to interference — Illegal reservation of the post enabling the State to promote Respondent 3 who, otherwise, could not have been promoted — Such promotion of Respondent 3 causing deprivation of legitimate right of promotion of more meritorious candidates — In such circumstances, the mere fact that he had been working in the promoted post for 9 long years or that he was to retire just a year later, held, would not justify non-exercise of the discretionary jurisdiction under Art. 136 — Hence, appeal against the promotion of Respondent 3 allowed with costs throughout — Costs quantified at Rs 50,000 and directed to be borne by the State and Respondent 3 equally, (2006) 6 SCC 430-H