TMI Blog1989 (3) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... ent prescribed departmental examinations as a condition precedent for promotion to the cadre of Superintendents. The examinations was required to be conducted every year, and the officials have to pass within the stipulated period. Those who could not pass within the time frame would lose their seniority but they will be promoted as and when they qualify themselves. The Government for some reason or the other could not hold the examinations every year. Particularly in 1968, 1969 and 1970, the Government did not hold the examinations. The Government, however, did not pass any order extending the period prescribed for passing the examinations, nor promoted the seniors subject to their passing the examination. The juniors who qualified themselves were promoted overlooking the case of seniors and seniors were only promoted upon their passing the examination. In the cadre of Superintendents, however, the Government revised the seniority list so as to reflect the rankings in the lower cadre irrespective of the date of promotion. The validity of the revision of seniority was challenged before the High Court. The High Court conceded the power to the Government to relax the rules relating t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to pass within nine years from the date of his entry in the Upper Division, a departmental examination for promotion to the posts of Superintendents according to the prescribed syllabus. For being eligible to appear for the examination a candidate must have passed the post-Recruitment Training Examination for Junior Assistants and must have also completed not less than five years' continuous service in the Upper Division. 2. Subject to Rule 1, a candidate will be allowed to appear for the examination in three chances which must be availed of within a period of four years. This period of 4 years will not be extended for any reasons irrespective of the fact whether a candidate has availed himself of 3 chances or not during the period. Similarly no candidate will be allowed to take during this period more than 3 chances. A candidate who does not pass the examination at the end of 9 years service in the Upper Division, will lose his seniority to all those candidates who pass the examination before he passes it. 3. No persons shall be appointed to the post of Superintendent unless he has passed the Superintendents' Examination. Provided that this rule shall not ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les the scheme provided was slightly different. Under that scheme, candidate was allowed to take the examination only after completing five years service in the cadre. He had three chances for taking the examination and that must be availed of within four years. That means he must pass the examination within the 9 years' service. Under both the Rules, the Government was required to hold the examination every year, but no examination was held in 1968, 1969 and 1970. This is not in dispute. For a proper appreciation of the question raised, we must first try to understand the hardship resulted by not holding the examination in 1968, 1969 and 1970. It is as follows: The candidates recruited in 1960 have lost one chance in 1968. Those recruited in 1961 are deprived of two chances in 1968 and 1969. The candidates recruited in 1962 are denied of three chances in 1968, 1969 and 1970 and those of the year 1963 have lost two chances in 1969 and 1970. The last batch to lose one chance in 1970 is of the year 1964. 8. The aforesaid Rules expressly provided power to the Government to grant more chances for passing the examination in any individual case or in class of cases. Under the 1955 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the 1962 Rules which states that the candidate who does not pass the examination within 9 years' service will lose his seniority to all those candidates who pass the examination earlier. He also argued that the proviso is only to Rule 3 and not to Rule 2 and the Government has no power to restore the seniority of a person who has lost it by the operation of Rule 2. 11. This is a question of construction of the rules which from part of the scheme prescribing a condition for promotion. We do not have to reflect upon the rules of interpretation since they are well settled. They are now like the habits of driving which have become ingrained. They come to our assistance by instinct. We are to use the different rules meticulously to give effect to the scheme as we use the clutch, brake and accelerator for smooth driving. These rules are to be harmoniously construed. We should not concentrate too much on one rule and par too little attention on the other. That would lead Us astray and result in hardship. We must avoid such construction. Rule 2 of the 1962 Rules no doubt states that a candidate who does not pass the examination at the end of nine years' service will lose his se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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