Promotion Quota and Direct Quota not decided/ defined.

Ajay Pal Jangra (Querist) 27 May 2011 This query is : Resolved
Subject: Promotion Quota and Direct Quota not decided/ defined.

Sirs.

We are members of Haryana Forest Rangers Welfare Association and we have a query regarding number of posts against Promotion Quota and Direct Quota in cadre of HFS officers. There is a sanctioned post of 54 posts of HFS officers in Haryana Forest Dept.
The cadre was fixed as below by the Financial Commissioner & Principal Sect. to Govt. of Haryana from existing 37 to 54 vide his order dated 11.6.2009. These 54 posts are categorized / classified as –
1. Total No.of Posts for various functions/posts in Haryana Forest Deptt. =44 no.
2. Total No.of Posts for Deputation Reserve (for Haryana Forest Development Corporation and other departments) =7 no.
3. Leave Reserve =3 no.
Total =54 no.

The Ratio in HFS cadre for Promotion Quota & Direct Quota as prescribed in the rule is 67:33 i.e. 67% by promotion and 33% by direct recruitment.

Our queries are as follows:-
1. If department can recruit HFS officers in Direct Quota, against the post of Deputation. (i.e. 7 no. in this case as per order of F.C.& P.S. ).
2. If department can recruit HFS officers in Direct Quota, against the post of Leave reserve(i.e. 3 no. in this case as per order of F.C.& P.S. ).
3. In case posts of Deputation i.e. 7, are abolished due to merger of corporation or otherwise, the directly recruited HFS officers can be removed from service.
4. If these directly recruited officers will not affect the cadre strength in future due to abolition of deputation posts.
5. As number of posts to be filled by Promotion Quota and Direct Quota are not defined in the said order of FC & PS, whether it should be calculated as
(i) 67:33 of 54 i.e. 36 by promotion and 18 by direct recruitment or it should be
(ii) 67:33 of {54- (7 of deputation +3 of leave reserve)} =44 i.e. 29+10=39 by promotion and 15 by direct recruitment.
6. If there is any service rule, guideline or court ruling to decide the cadre strength of promotion quota and direct quota where deputation posts and leave reserve posts are involved. (Quote rules or example if any)
7. The promotion quota and direct recruitment quota should be decided by logic or by the arbitrary or discretionary power of authority where no service rule or court direction is available.

With regards.

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Guest (Expert) 28 May 2011
Dear Ajaypal,

You need to go through the recruitment rules of HFS officers, as every such set of rules also contain the provisions of fixation of inter-se seniority between direct recruits and promotee officers.

M/s. Y-not legal services (Expert) 28 May 2011
We don't knowledge about haryana's forest service rules and regulations. Even am sure, if you feel any violation of natural justice mean surely you can invoke the extra ordinary jurisdiction of your high court under article 226 of constitution of india.

Ajay Pal Jangra (Querist) 01 June 2011
Tom Sir
Thanks
Please send some case law / decision of any court regarding promotion case.
If this(Promotion) is covered by fundamental right of a govt. employee.

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