R.N.Mittal, J. - (1.) THE Petitioners and Respondent Nos. 4 to 64, are Assistant Excise and Taxation Officers in the State of Haryana and are governed by the Punjab Excise & Taxation Department (State Service Class III -A) Rules, 1956 (hereinafter referred to as the Rules). There are three sources of recruitment to the posts of Assistant Excise & Taxation Officers - -first, by competitive examination; secondly, by promotion from the cadres of Excise Inspectors and Taxation Inspectors; and thirdly, by transfer of members of ministerial establishment of the Excise & Taxation Department. For the facility of reference. I shall refer to the first category as 'direct recruits' and the latter two categories as 'promotees'. The Petitioners are direct recruits whereas Respondent Nos. 4 to 64 are promotees.
(2.) AFTER reorganisation of the erstwhile State of Punjab, 42 posts of Excise and Taxation Officers were allotted to the State of Haryana against which 36 officers were allocated - -5 direct recruits and 31 promotees. Recruitment continued to be made from amongst Inspectors and ministerial establishment to the Service from time to time but no direct recruitment was made till June, 1972. From November, 1966 till 1972, the strength of the cadre was raised at different times and it became 97 in the year 1972. Against the aforesaid posts, 68 promotee officers and 29 direct recruits were working. It is averred that on June 10, 1975, Respondent Nos. 18 to 35 were regularised, - -vide order of the even date (Annexure P. 5) by Respondent No. 1, with retrospective effect from the dates, when they were originally appointed against the vacancies which were at that time reserved for the direct recruits. The order has been challenged by the Petitioners on the ground that the private Respondents were appointed on purely temporary basis till direct recruits were made available and that they cannot be given benefit of service of the period when they were occupying the posts which fell to the quota of the direct recruits. It is pleaded by the Petitioners that in the present case the quota rule is linked with rotational system. They claim that they are senior to Respondent Nos. 4 to 64 and want their seniority to be fixed accordingly. Separate returns have been filed on behalf of the state and some of the private Respondents controverting the stand taken by the Petitioners. It is contended by the learned Counsel for the Petitioners that Rule 6 of the Rules, which relates to appointment to the service, provides quota rule. According to him if rotational system is not read with quota rule, the rule becomes meaningless. He vehemently argues that even the language of Rule 6 clearly shows that rotational system should be read into quota rule. On the other hand, the learned Counsel for the Respondents argue that quota rule can stand independently of rotational system. They further argue that rotational system is not provided in Rule 6 and therefore, it cannot be read in it. They submit that if the Rule making Authority wanted that rotational system should be read in Rule 6, it would have provided so. In the present case, according to them, it would be erroneous to import rotational system in Rule 6.
(3.) BEFORE examining the contentions of the learned Counsel, it will be proper to refer briefly to the relevant provisions in the Rules. Rule 5 relates to the method of recruitment, Rule 6 to appointment to the service and Rule 13 to determination of seniority. Rule 5 provides that the members of the service shall be recruited: (a) by promotion from the cadre of Excise Inspectors and Taxation Inspectors; (b) by transfer of members of the ministerial establishment of the Excise and Taxation Department and (c) by competitive examination. Rules 6 and 13 are relevant for the purpose of deciding the present writ petition. These read as follows: 6. Appointment to the Service. - -When any vacancy occurs, or is about to occur in the Service, Government shall determine in what manner it shall be filled: Provided that 50% of the vacancies shall be filled by direct appointment 25% by promotion of Taxation Inspectors, 12 1/2% by promotion of Excise Inspectors and 12 1/2% by transfer of members of the ministerial establishment of the Excise & Taxation Department. 13. Seniority. - -The seniority inter se of members of the service in each cadre shall be determined by the length of continuous service on a post in that cadre of the service: Provided that in case of members appointed directly the order of merit determined by the Commission shall not be disturbed in fixing the seniority and persons appointed as a result of an early selection shall be senior to those appointed as a result of a subsequent selection. Provided further that in the case of two or more members appointed on the same date, their seniority shall be determined as follows:;