I am junior grade officer in government of Mizoram, my graviace is that I really feel that government (state) has wrongly denied my promotion by saying that you are not fulfill the requirements within the crucial date.our recruitment rules have been form in exercise of the power conferred by proviso to article 309 of the Constitution. Which says that to fill up vacancy from junior grade to senior grade of MES (Mizoram Engineering service) a member of the service in the junior grade who have been completed not less than 5 years continuous regular service in the junior grade and have passed Departmental examinations in engineering and accounts conducted by Mizoram public service commission (MPSC) shall be eligible for consideration for promotion by selection method.I have fullfil all the crucial requirement accept I passed Departmental exam on may 2017.on the other hand executive order in the form of office memorandum Circulated on 11th may 2012 says that the crucial date for determining the eligibility of officer for promotion would be the first day of vacancy year.I.e 1st April.for instance crucial date for vacancy year of 2017-18 is 1st of April 2017.the problems is although I have fullfil all the requirements but passed exam on 1 of may 2017. the requirements of the rules as indicated above is that the candidate must pass the departmental examination,in other words to be eligible for consideration for promotion ,a candidate must pass the exam,no qualifying date mentioned in the services rules.my question is that whether a candidate who is eligible interm of the rules can be rendered ineligible by an administrative instruction in the form of office memorandum?
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the crucial date for determining the eligibility of officer for promotion would be the first day of vacancy year.I.e 1st April.
2) in your case you cleared exams only in May 2017
3) hence you were not eligible to be considered for promotion
4) office memorandum issued would determine the cut off date for eligibility of applicants
So you mean that rules making based on Constitution of India is inferior to executive order like office memorandum
Office memorandum and rules have to be read together
You have completed 5 years of service and have cleared the exams but you passed the exams after the cut off date
The office memorandum what you have mentioned will rule above the law and the law is just a guidelines for promotions.
All other procedural aspects shall be governed by such OMs.
The OM is very clear about the crucial date for determining the eligibility of officer for promotion would be the first day of vacancy year.I.e 1st April.for instance crucial date for vacancy year of 2017-18 is 1st of April 2017.
From the given information is it clear that you are not qualified as on the crucial date for the eligibility of promotion, hence agitating the law or rules meant for it may lead you to disasters and you may perhaps not succeed in yor attempt to get any result in your favor contradicting the existing provisions of law.
If you still insist on your own interpretation, you may make a representation to the top management of the department venting out your grievances and seek relief and remedy to this.
So you mean that rules making based on Constitution of India is inferior to executive order like office memorandum
The problem with you is that you misinterpret the things.
The rule or law made by the constitution are just base and it cannot frame each and every rule frame by frame, it will be concerned department or the ministry that would be responsible for framing further rules to implement the basic rules appropriately, so ther is no question of any law inferior to another law.