- (1.) The sole question that arises in the present writ petition is whether on amendment of a rule or on promulgation of a new rule which repeals the earlier rule and fixes a quota for filling up the posts amongst the promotees and direct recruits (whereas there is no quota for the direct recruits at all in the earlier rules) such a quota would be applicable to the vacancies which arise after the amendment/promulgation of the rules or it has to be applied taking into consideration the strength of the cadre on the date of the amendment/promulgation of the rules.
(2.) The answer to the above question is that the quota which has been prescribed under the amended or the new rules, would be applicable to the vacancies arising after the amendment/promulgation of the new rules without taking into consideration the number of posts held by promotees prior to the enforcement of new Rules.
(3.) It is not necessary to give the detailed facts of the case. Suffice it to mention the petitioner Nos. 1 to 3 were promoted to the posts of Head Analyst in the department of Food and Supplies in the State of Haryana on various dates and petitioner Nos. 4 to 8 were appointed to the posts of Junior Analysts in the same department. The conditions of their service were governed by the statutory rules framed under Article 309 of the Constitution of India, known as the Haryana Food an Supplies Department (State Services) Class III Rules, 1968 (hereinafter called the 1968 Rules). According to Rule 2 of 1968 rules, the post of Assistant Food and Supplies Officer in the department was to be filled by promotion only and not by direct recruitment. According to this rule, 80% of the total vacancies of the posts of Assistant Food and Supplies Officers were to be filled in by promotion from amongst the Inspector of Food and Supplies and the remaining 20% were to be filled in by promotion form the pool comprising of (a) all posts in Assistant scale of pay; and (b) Head Analyst. There was a roster also providing as to how the vacancies of the posts of the Assistant Food and Supplies Officers from amongst the above categories were to be filled by promotion. A new set of rules known as Haryana Food and Supplies Department Sub Offices (Group C) Rules, 1982 (hereinafter called the 1982 Rules) were promulgated under Article 309 of the Constitution of India and were published in the Government Gazette on 28th September, 1982. 1982 Rules cover the posts of Junior Analyst, Head Analyst, Inspector and Assistant Food and Supplies Officer. It was for the first time that 1982 Rules provided a quota for direct recruits for filling up the post of Assistant Food and Supplies Officer. Under Rule 9(c) of 1982 Rules, it was provided that 67% posts of the Assistant Food and Supplies Officers were to be filled in by method of promotion from amongst the Inspectors, Head Analysts, etc., and 33% of the posts of Assistant Food and Supplies Officers were to be filled in by direct recruits. The manner of filling up the posts was provided in a roster, which is Appendix E to 1982 Rules. This roster provides a cycle of 22 vacancies of Assistant Food and Supplies Officers and the various categories of Officers are mentioned against the roster points from whom the posts are to be filled. It may be mentioned that in the roster, 7th and 18th points in a cycle of 22 are meant for Head Analyst. For ready reference Rule 9(c) of 1982 Rules is reproduced below :- "9(c) in the case of Assistant Food and Supplies Officers : (i) 67% by promotion from amongst Inspectors, Head Analysts, Ministerial Staff working at Headquarters and the Ministerial staff working in the field in the manner as provided in Appendix 'E' and shall be repeated accordingly thereafter. Note :- The ministerial staff to be considered for promotion will be as follows :- Ministerial staff working at Headquarters :- Assistants, Senior Scale Stenographers and Accounts; Ministerial Staff working in the field : Assistants, Statistical Assistant and Accountants; Their inter-se seniority for the purpose of promotions shall be determined on the basis of their continuous appointment as such; and (iii) 33% by direct recruitment;";