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2014 (9) TMI 1245 - ALLAHABAD HIGH COURTInter se dispute between the direct recruits and promotees in the cadre of Assistant Consolidation Officer - it has been argued by the appellants' counsel that the direct recruits are entitled to be placed over and above the promotees since they were appointed earlier than the promotees, i.e. in the month of August, 1997 - HELD THAT:- Sub Rule (3) of Rule 8 of 1991 Seniority Rules should be construed in such a manner which may not make the rule inoperative. Further external aid from 1992 Service Rules may be taken while interpreting 1991 Seniority Rules for removal of ambiguity and doubt, if any - the provisions contained in Sub Rule (3) of Rule 8 should be construed harmoniously to make it effective after taking into account the other rules as well as the purpose and object of the rule. Since selection and promotion has not been done in a single process, seniority may be considered as observed hereinabove keeping in view the year of recruitment. The impugned order passed by learned Single Judge does not seem to suffer from any impropriety or illegality subject to modification that keeping in view the Service Rules in question, rota should be applied by the authorities of direct recruits and promotees appointed in one recruitment year - Appeal allowed in part.
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