Promotion to the cadre of PS Group B Posts through DPC and LDCE | AIAIPASP Letter to DG Posts Dated 31.03.2022
ALL INDIA ASSOCIATION OF INSPECTORS AND
ASSISTANT SUPERINTENDENTS, POSTS
CENTRAL HEAD QUARTER (CHQ)
Qr.No.12, P&T Colony, Khurshid Square, Civil Lines, Delhi 110054 e-Mail : chq.aiaiasp@gmaiI.com
To
Shri Alok Sharma, Director General (Posts),
Dak Bhawan, New Delhi-110001
No.CHQ/AIAIPA5P/Corr-01-125/2022
Dated 31st March, 2022
Sub: - Promotion to the cadre of PS Group B Posts through DPC and LDCE — Regarding.
Respected Sir,
This is in continuation of this Association Letter No.CHQ/AIAIPA5P/Corr-01- 56/2020 dated 26th October, 2020 and No.CHQ/AIAIPASP/Corr-01-116/2022 dated 07ᵗh March, 2022 on the above subject.
2. Recruitment Rules are rules notified under proviso to Article 309 or any specific statutes for post(s) prescribing inter alia the method of recruitment and eligibility for such recruitment. Recruitment Rules are subordinate legislation and so, they are statutory in nature.
3. The legal position is that Regular appointments/promotions are to be made in accordance with the Recruitment Rules in force at the time of occurrence of vacancies.
4. The posts of Postal Superintendent/Post Masters GFoup-B were originally governed by a set of rules known as “Department of Posts, Postal Superintendent/Post Masters Group-B Recruitment Rules, 1987”. These Rules were reptaced by a new set of rules by a Notification bearing G.S.R. No.329, dated 29-6-1994 and the amended Recruitment Rules were redesignated as Postal Services Group 'B' Recruitment Rules (Amendment), 1993. The sa id RR of 1993 is in force now.
5. Any chanqes brought out by other relevant instructions have to be incorporated in the Recruitment Rules/Service Rules by suitable amendments so that the necessary steps aFe taken to fill the post on regular basis.
6. The normal pi-actice is that the Recruitment Rules ai e giVen effect pFospectively and not amended retrospectively.
7. As mentioned in para-2 of DoPT OM No. 14017/79/2006-Estt.(RR) dated 6th September, 2007 (copy enclosed), the Supreme Court in Civil Appeal No. 6332 of 2005 - Union of India through Government of Pondicherry and Anr. Vs. V. Ramakrishnan and Others has made inter alia the following observations in its judgment passed on 7.10.2005: -
7. rule does not become inoperative on/y because the UPSC says so. A rule validity made even if it has become unworkable unless repealed or replaced by another rule or amended, continues to be in force."
"Valid rules made under proviso appended to the Article 309 of the Constitution of India operates so long the said rules are not repealed and replaced. The draft rules, therefore, could not form the basis for grant of promotion, when rules to the contrary is holding the field."
8. As per observation of Apex Court in Union of India & ors vs Somasundaram Viswanath & ors dated 22-09-1988 air 2255/ 1988 SCR Supl. (3) 146
“If there is a conflict between executive instructions and the rules made under the proviso to Article 309 of the Constitutio/ Ot' IndiBr he rules made under the proviso to Article 309 of the Constitution of India prevails”.
9. A kind reference is invited ta Hon'ble Supreme Court of India, order dated 04-03-2022 in connection with Special Leave Petition (Civil) Diary No.5030/2022. While dismissing the Special Leave Petition, the Hon‘ble Supreme Court Of India has also mentioned that “If any promotion is made in contravention of the Rules, it will de subject to the decision of the proceedings, which may be initiated”.
Therefore, this Association urges the Department once again to convene pending DPCs and declaration of result of LDCE as per the extant Recruitment Rules only.
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