1990 PLP (C (PLC(CS))

Name of the Post Persons Eligible Condition of Eligibility (1) Assistant Chief (Grade‑18) Research Officer Statistical Officer (Grade‑17). 5 years service as Research Officer/Statistical Officer in Grade‑17 subject to relaxation in an individual case where the Ministry of Commerce considers it fit to be so relaxed with the approval of the Establishment Division." Establishment Division's O.M. dated 2‑6‑1983 has been issued under Rule 8‑A of Civil Servants (Appointment, Promotion and Transfer) Rules, 1983 which lays down that no promotion on regular basis shall be made in Grades 18 to 21 unless the officer concerned has completed such minimum length of service as may be speed from time to time. It reads as under:‑ "In pursuance of rule 8‑A of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 and in super-session of the instructions laid down in the Establishment Division Office Memorandum No.l/9/80-?R.II(A), dated the 12th January, 1981, the President is pleased to decide that the minimum length of service for promotion to various grades shall be as follows:‑ For Grade‑18 ????????????????????????? 5 years in Grade‑17 For Grade‑19?????????????????????????? 12 years in Grade‑17 and above For Grade‑20 ????????????????????????? 17 years in Grade‑17 and above For Grade‑21 ????????????????????????? 22 years in. Grade‑17 and above Provided that:‑ (i)???????? Where initial appointment of a person not being a person in Government service takes place in a post in Grade 18, 19 or 20, the length of service specified in this office memorandum shall be reduced by the following periods: First appointment in????? Reduced by Grade‑18???????????????????? 5 years Grade‑19???????????????????? 12 years Grade‑20???????????????????? 17 years (ii)??????? Where initial appointment of a person already in Government service takes place, on recommendations of the Federal Public Service Commission, in a post in Grade 18, 19 or 20, the length of service specified in this office memorandum shall be reduced by the periods specified in proviso(i); (iii)?????? Where first appointment of a person other than a person covered by proviso (ii) was made to Government service in Grade‑16 or below, one?-half of the service in Grade‑16 and one‑fourth in Grade‑15 and below may be counted as service in Grade‑17 for computing length of service for the purpose of promotion only." The Recruitment Rules dated 14‑2‑1975 lay down a positive requirement of 5 years service as Research Officer/Statistical Officer in Grade‑17 for promotion as Assistant Chief (Grade‑18), but power of relaxation in individual cases has been given where firstly the Ministry of Commerce considers it fit to be so relaxed and secondly it is approved by the Establishment Division. We do not find any contradiction between the Recruitment Rules and Establishment Division's O.M. dated 2‑6‑1983 where the word "shall" has been used while laying down the minimum length of service for promotion to various grades but tile word "may" has been used for allowing the weightage for Grade‑16 or below and it has been laid that where first appointment of a person other than person covered by proviso (ii) was made to Government service in Grade‑16 or below one‑half of service in Grade‑16 and one‑fourth of service in Gradd‑15 or below may be counted as service in Grade‑17 for computing length of service for purposes of promotion only. There is as such no obligation for counting the service in Grade?16 and below for all posts, but the authorities concerned may lay down in the relevant rules that service rendered in Grade‑16 or below may be counted as service rendered in Grade‑17 to the extent mentioned in the proviso. In the case of Ministry of Commerce, the procedure for relaxation has been laid down in the Recruitment Rules and it is for the Ministry of Commerce to initiate the case for relaxation if it so deems fit according to the procedure mentioned in the rules.

5. We are, therefore, unable to accept the appeal and it is rejected. There will be no order as to costs. Parties should be informed accordingly. A.A./506/Sr. F ??????????? Appeal dismissed.