Gurdial Singh & Ors vs State Of Punjab & Ors on 2 November, 2018
Further in Darshan Singh v. State of Punjab (P&H)
2011(4) S.C.T. 89, the dispute between the applicability of the
provisions of Rules 2, 5 and 7 of Punjab Animal Husbandry (Class I)
Service Rules, 1996 and Rules 2, 6, 18 and 20 of Punjab Civil
Services (General and Common Conditions of Services) Rules, 1994
(amended) was adjudicated towards promotion to post of Director
Animal Husbandry and Fisheries, Punjab. The Petitioner therein
challenged the promotion of Respondent No. 2 therein on the ground
that he being more Senior should be considered for promotion and
whether merit-cum-seniority or seniority-cum-merit is to be followed.
It was held, that Rule 7 of the Animal Husbandry Rules, 1996 itself
directs the application of 1994 Rules in respect of matters as are not
specifically provided in the 1996 Rules and where there is any
variance or conflict between the 1996 Rules and 1994 Rules with
regard to method of recruitment, educational qualification and
experience etc., the General and Common Conditions of Service
Rules, 1994, would prevail. It was held that as per Rule 18 of the
1994 Rules, promotion to the post of Head of Department i.e.
Director would be decided strictly on the basis of merit-cum-seniority
and the minimum bench mark for such promotion would be 'Very
Good' - The officer who is graded as 'Outstanding' would supersede
the officer graded as 'Very Good'. Relevant Para nos. 16 and 17 of the
cited judgment reads as under :