Can’t Presume That No Rules For Promotion Exist Merely Because Order Sanctioning The Post Does Not Indicate Such Rules

Case: Krishna Kuwar Singh Dewari & Ors. v. Kripal Singh & Ors.

Coram: Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe

Case No.: Special Appeal No. 682 of 2018

Court Observation: “…it does not stand to reason that, for gaining eligibility for promotion from one post to another, there would be no requirement of minimum qualifying service in the feeder cadre. Merely because the order sanctioning the posts of Assistant Accounts Manager, did not indicate the promotion Rules, it does not follow that there was no Rule framed or applicable for promotion, requiring minimum service in the feeder cadre.”

“This is for the reason that even before the bifurcation of the State, and creation of the respondent/ Corporation, under the Uttar Pradesh Forest Corporation, admittedly, by virtue of the Regulations framed in the year 1985, 07 years’ minimum qualifying service, in the feeder cadre of Accountants was essential for consideration for promotion to the next higher post of Senior Accountant.”

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