Abraham Jacob & Ors vs Union Of India on 11 February, 1998
In this case also the draft Recruitment Rules were sent for the approval in
the year 2011 with an intention to notify it and the administrative authorities
has taken a decision to promote the applicant on the basis of the draft
Recruitment Rules. So this is a case where an administrative decision is
taken for promoting the applicant without having a statutory Recruitment
Rule notified under Article 309 of the Constitution of India. Going by the
above decision of the Hon'ble Supreme Court in Abraham Jacob's case
(supra) it can be seen that the executive authority has power to issue orders
on appointment in the absence of statutory Recruitment Rules and applicant
was promoted as per Annexure A4. It is clear from the pleadings that the
applicant was appointed on the basis of a draft Recruitment Rules which was
sent for approval and notification. This was frustrated since the Ministry has
rejected the draft after a long gap. The applicant herein was appointed as
Principal in the newly constituted post of Principal. Now the respondents
cannot turn around and contend that they have prepared a fresh draft
Recruitment Rule and it is pending before the MHRD for approval. So even
now there is no statutory Recruitment Rule governing the case of promotion
to the post of Principal. This post was created in the year 2007 and even now
no Recruitment Rule is in existence and it appears that the applicant who
was appointed on an administrative decision of the Union Territory of
Lakshadweep is going to be reverted unceremoniously saying that his ad-hoc
appointment was not extended periodically. The conditions mentioned in
Annexure A4 for reversion is also not satisfied. The alleged failure to obtain
the extension of ad-hoc appointment is a failure occurred on the part of the
respondents.