1995 (1) TMI 311

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....vil Services Tribunal which by its order dated 5.2.1993 directed the petitioner to consider their cases for promotion giving them the benefit of the proviso. The Tribunal followed its earlier Full Bench Judgment and had given direction accordingly. On revision, the High Court has confirmed the same. Shri Dave, the learned counsel appearing for the petitioner has contended that the interpretation given by the Tribunal and the High Court, if found acceptable, renders the main part of Rule 11-A redundant and the proviso would become operative in every case. Therefore, the matter requires consideration by this Court. We do not find force in the contention. Sub-rule (1) of Rule 11-A(2) speaks of minimum service of different classes of employee....

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....the reasons to be recorded in writing promote such person who has experience for a period not less than two thirds of the period specified in clause (a), (b) (c) or (d) which applies to him". It would thus be clear that clauses (a) to (d) of Sub-rule (2) of Rule 11-A prescribe a minimum experience in a lower post for promotion to a higher post, but the proviso enables the appointing authority on its satisfaction that the person required to have the previous experience prescribed under clauses (a) to (d) is not available for promotion and that in the public interest the post or service is required to be filled up by promotion, the provision postulates that such person has to put in, not less than two thirds of the period specified in either....