The following Principles which emerge from the judgement of the Supreme Court in Shri V.B. Badami-Vs-State of Karnataka are circulated to all departments of the Secretariat and Heads of Departments as guidelines for purposes of classification of vacancies, appointments by direct recruitment and promotion and confirmations in various cadres, except those where the Rules of Recruitment have specifically laid down a rotation of vacancies between direct recruits and promotes and not a proportion between these two sources.
2. The general principles to be observed in working out the quota rule prescribed in the Rules of Recruitment are as follows:-
(1) Where the Rules prescribe a quota between direct recruits and promotes, confirmation or substantive appointment can only be in clear vacancies in the permanent strength of the cadre.
(2) Confirmed persons are senior to those who are officiating.
(3) As between persons appointed in a officiating capacity, seniority is to be counted on the length of continuous service.
(4) Direct recruitment is possible only by the method and procedure prescribed under the Rules of Recruitment. In promotional vacancies, the promotion would be either by selection or on the basis of seniority-cum-merit. A promotion could be made in respect of a temporary post or for a specified period but a direct recruitment is generally, to be made only to clear permanent vacancy either existing or anticipated to arise at or about the period when the probation is expected to be completed or in a temporary vacancy likely to continue for not less than 3 years.
(5) If the promotions are made to vacancies in excess of the promotional quota, the promotions are not totally illegal but are irregular. The promotees cannot claim any right to hold promotional posts, unless the vacancies fall within their quota. If the promotees occupy any vacancies which are within the quota of direct recruits, when direct recruitment takes place, the direct recruits will occupy the vacancies within their quota. Promotees who were occupying the vacancies within the quota of direct recruits will either be reverted or they will have to be absorbed in the subsequent vacancies within their quota is available.
(6) As long as the quota rule remains, neither promotions can be allotted to any of the substantive vacancies falling within the quota of direct recruits nor can direct recruits be allocated to promotional vacancies.
(7) Persons who were allotted to the new State under the States Re-Organisation are first to be accommodated within the permanent cadre strength and if they are in excess of the number, this excess has to be accommodated in the promotional vacancies.
3. While applying the general principles indicated in para 2 of the State Service cadres other than the K.A.S. the following steps have to be taken:
(a) All appointments made by Government or under specific authority of Government either by direct recruitment or by promotion on or after 1st November 1956 but prior to the commencement of rules regulating recruitments to such cadres may be treated as regular.
(b) On the date of commencement of the Cadre and Recruitment Rules, all vacancies which existed on that date and which arose after that date will have to be classified according to the proportion or quota prescribed for direct recruitment and promotion to a cadre in the Rules. If the cadre strength Notification shows only permanent posts, then this classification this classification will have to be done only for such permanent posts but if the Notification shows both permanent and temporary posts, the classification will have to be done for both the posts taken together, in view of the provisions of Rule 14 of the General Recruitment Rules.
(c) If there have been any amendment to the Cadre and Recruitment Rules changing the quota of direct recruits and promotees the quota for the two sources will have to be calculated on the basis of the amended provisions from the date the amendment came into force.
(d) For purposes of classifying and calculating the vacancies between direct recruits and promotees on the basis of the quota fixed in the Cadre and Recruitment Rules, the period which will form a block will be from the date of commencement of the Cadre and Recruitment Rules to the dates on which direct recruits were first appointed unless in the meanwhile, there was any amendment to the Rules, in which case the block will be the period commencing from the date of commencement of the rules to the date of amendment to the date of recruitment of direct recruits and the vacancies in both blocks will have to be taken into account.
(e) After classifying the vacancies as indicated above, if on the date of first recruitment of direct recruits, the number of promotees actually occupying the posts in a cadre is more than the number of vacancies calculated for promotees this excess number will have to be shown below the direct recruits who will occupy the posts classified for their immediately below the promotees who will occupy the posts meant for them. If the number of direct recruits is more than the number of direct recruitment vacancies available, then the number so in excess will have to be accommodated in the next block of direct recruitment vacancies.
(f) In the second block, the excess number of promotees or direct recruits remaining from the first block should be first accommodated against the vacancies meant for them. Therefore, if promotions have been made before the second batch of direct recruits were appointed, such promotees will be placed against the promotional vacancies available to them. If no such promotions have been made, the direct recruits will be placed against the vacancies available for them and the promotees if they have been promoted after the date of the second direct recruitment will be placed below the direct recruits, to the extent of the promotional vacancies. This procedure should be followed for each subsequent block.
(g) After fixing the position of direct recruits and promotees in accordance with the above instructions, persons who were allotted to the new State and who are included in the final ISS list of a cadre as on 1st November 1956 should be confirmed against the permanent vacancies available on the 1st November 1956 and in the promotional vacancies which occurred thereafter or in all the vacancies which occurred between 1st November 1956 and the date on which the Cadre and Recruitment Rules came into force. Such confirmations may be made from an uniform date subject to the condition that they are liable to be reviewed if there are any changes in the final ISS list. Thereafter both directs and promotees shall also be confirmed from an uniform date which shall be subsequent to the date of confirmation of the persons in the final ISS List and which confirmations shall also be subject to the same condition mentioned below.
(h) Direct recruits can be confirmed only from a date after the satisfactory completion of their period of probation. Promotees who were promoted after 17th January 1956 when the rule 18(2) of the General Recruitment Rules came into force, can be confirmed only after the satisfactory completion of their period of officiation of one year. Promotees who were promoted prior to 17th January 1966, can, however, be confirmed from the date of their promotion.
(i) Where review of promotions based on the final ISS list has been completed under the Regulation of Pay, Promotion and Pension Act, 1973, and the instructions issued thereunder, the position of direct recruits and the promotees which has been fixed at the present with reference to the dates of their appointment and promotion respectively, should be refixed in accordance with the above instructions. Where review of promotions has not been so completed, this review should be made after taking into account, the above instructions and the position of direct recruits and promotees fixed accordingly after the review.
4. The Secretaries to Government and Heads of Departments are requested to determine the seniority of the direct recruits and promotees in the various cadres following the above principles.
Deputy Secretary to Government, Department of Cabinet Affairs and
Department of Personnel and Administrative Reforms (Service Rules)
Section Officer, DPAR (Service Rule-A Section).