JUDGMENT ORDER : Honble Mr. V.K. Bhatnagar Member (Adm.) :- The applicant was promoted as joint Director of Education and joined as such on January 28, 1997 (afternoon). He was promoted on adhoc basis as Additional Director of Education and joined the new post of January 8, 1998, In the seniority list of Joint Directors of Education (School Cadre)as on January 1, 1998 circulated vide Annexure-A/4, the applicant has been shown at SI. No.1. According to Recruitment and promotion Rules for the post of Director of primary Education notified vide notification dated December 27, 1985 the post of Director Primary Education is to be filled 100 percent by promotion failing which by direct recruitment and promotion is to be made from amongst the Joint Directors of Education (School) having atleast two years regular or regular combined with adhoc service rendered upto December 31, 1983. According to the applicant he was to fulfill these qualifications in January 1999 and hence he made a representation dated June 4, 1998 vide Annexure-A/6 requesting the respondents to consider him for promotion. He submitted another representation Annexure-A/7 dated April 8, 1999 for his promotion as Director of primary Education. As no action was taken on the representation he filed the present application praying for issuance of directions to the respondents to consider the claim of the applicant for promotion to the post of Director of Education (Primary) w.e.f. January 28, 1999 in accordance with Recruitment & Promotion Rules or from any other date from which this Tribunal may deem fit. 2. The respondents in their reply have resisted the claim of the applicant on the ground that the post in question is being manned by an Officer of IAS cadre since long and now an HAS Officer has been posted against this post. It has also been stated that Recruitment & Promotion Rules had been notified on December 27, 1985 but since then many new concepts have evolved for the growth of Primary Education; at present, apart from his routine work, the Director of Primary Education is required to discharge the duties towards Class Project under Centrally Sponsored Scheme for computerisation and other Centrally Sponsored Schemes. Further. That he has to act as Mission Director of District Primary Education programme; many other ambitious projects for growth of primary Education are also being taken up. Further. That he has to act as Mission Director of District Primary Education programme; many other ambitious projects for growth of primary Education are also being taken up. Therefore, the work and responsibilities which are discharged by the Director of primary Education have changed vastly and it is essential that the post is manned by relatively Young and energetic officers who have administrative experience and acumen to handle the entire work efficiently. That the departmental candidates are generally on the verge of retirement and do not exhibit these qualities in sufficient measure. On these grounds it has been prayed that the present application may be rejected, being devoid of merit. 3. On the other hand the applicant in his rejoinder has stated the above ground given by the respondents are not correct as several officers have been posted from IAS/HAS as Directors Primary Education in the past few years who had a very small tenure and it was not possible for them to discharge the onerous duties for which they had been posted. 4. The learned counsels for the parties have been heard and pleadings have been gone into. 5. The learned counsel for the applicant has cited many rulings but all of these are not very relevant to the present case. However, the case reported in (1991) S.C.C. 544 A.K. Bhatnagar and others versus Union of India and others is quite relevant. The Honble Apex Court in this case has made following observations:- "On more than one occasion this Court has indicated to the Union and the State Governments that once they frame rules, their action in respect of matters covered by rules should be regulated by the rules. The rules framed in exercise of powers conferred under the proviso to Article 309 of the Constitution are solemn rules having binding effect. Acting in a manner contrary to the rules does create problem and dislocation. Very often Government themselves get trapped on account of their own mistakes or actions in excess of what is provided in the rules. We take serious view of these lapses and hope and trust that the government both at the Centre and in the States would take note of this position and refrain from acting in a manner not contemplated by their own rules." 6. We take serious view of these lapses and hope and trust that the government both at the Centre and in the States would take note of this position and refrain from acting in a manner not contemplated by their own rules." 6. It is an admitted position that the applicant is eligible to be considered for the post in question in accordance with Recruitment and promotion Rules as notified by the State Government and the State Government has all the powers to amend these Rules from time to time as per changed job requirements of Director primary Education. However, the Rules have not been amended so far. Therefore, taking into consideration the observations of the Apex Court it would not be possible to agree with the respondents in the matter. 7. In view of above discussions the present application is accepted and the respondents are directed to consider the case of the applicant for promotion within a period of three weeks in view of applicants date of superannuation which falls on April 30, 2000.