LAL CHAND PARGAL AND ORS. Vs. DIRECTOR NES AND ORS.

JUDGEMENT

(1.) THESE writ petitions arise out of various orders passed by the appointing authority against the petitioners regarding their promotion to the next higher post. As these petitions involve substantial questions of law of far -reaching consequences, they have been referred to us for an authoritative pronouncement. Unfortunately, however, no particular question has been framed by the Bench concerned. It has therefore become necessary for us to frame questions involved in the light of the arguments of the parties, the principles Involved, and the facts common to all the cases. The questions which we have formulated are as follows:

(2.) IN the State of Jammu & Kashmir the service conditions of most of the Government servants are determined by the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules 1956 (hereinafter to be referred to as the Rules). These rules were published in the Government Gazette by Government Order No. 952 -C of 1956 dated 14 -6 -1956. The rules deal with a variety of subjects regarding the conditions of service of Government servants beginning from their appointment right upto the punishment or penalties that may be Imposed upon them, and the mode prescribed therefore. We might state here that these rules are not only statutory in character but have also the authority of the Constitution because under the proviso to Section 124 of the State Constitution these rules have been directed to be continued to be effective subject to the provisions of any law made by the legislature after the coming into force of the Constitution. Since on the points involved in this case no such law has so far been made by the State legislature, it follows therefore that these rules would be deemed to be effective under the provisions of the Constitution referred to above. In order to understand the scope and the ambit of Rule 25 of the Rules it will be necessary to analyse the real import of the various terms defined in the Rules. Rule 2(a) defines cadre as the sanctioned strength of class, category or grade. Rule 2(b) defines category as the posts borne on the cadre of a service or class, but imposes two conditions before the posts can be said to fall within the same category. These conditions are:

(3.) PROMOTION has been defined thus: