Summary
The Central Secretariat service is composed of four grades . (i) Selection Grade (Deputy Secretary); (ii) Grade
I (Under Secretary); (iii) Section Officers' grade; and (iv) Assistants' grade. Rule 12(2) of the Central Secretariat Service Rules provides that promotions to the grade of Under Secretary be made from amongst members belonging to the grade of Section Officers and Grade 'A' Officers of the Central Secretariat Stenographers' Service. Under rule 12(4) the Central Government framed the Central Secretariat Service (Promotion to Grade I and Selection Grade) Regulations, 1964. Regulation 5 (2) (c) provided that the names of officers appointed to Section Officers' Grade before the appointed day and included in the Select List of Section Officers at the initial Constitution shall be arranged in the order of their seniority as determined before that day. Additions to this List shall be made by including officers appointed to the Section Officers' Grade after the appointed day through the select List for the Grade, officers appointed on the basis of an earlier select list being placed above those officers appointed on the basis of a later select list. This Select List was contemplated to cover the entire Secretariat and was, therefore, required to reflect all the select lists of the cadre of Section Officers. In this single list of eligible Section Officers the names of the directly recruited Section Officers on the basis of the combined 287Competitive examinations and arranged in the order of merit in such examinations had to be interpolated according to the quota of vacancies reserved for direct recruits at the time of their recruitment.In the writ petitions to this Court, the petitioners who belonged to the cadre of Sections Officers in the Central Secretariat Service challenged the combined seniority list of all the Section Officers belonging to the Service and sought a direction that the select list in Grade I of the Service be recast, that some of the direct recruits included in the eligibility list of Section Officers should be omitted, and that a direction be issued to appoint promotees to Grade I with effect from the date on which junior directly recruited Section Officers have been appointed to Grade I. The vires of the note below Rule 12, Rule 13(5) and Regulation 3(3) of the Fourth Schedule were also assailed as being ultra vires Articles 14 and 16. It was further contended that the seniority between the direct recruits and promotees in the grade of Section Officers has to be fixed on the basis of length of service in the grade and not by the process envisaged under the Rules and Regulations.The respondents contested the petitions alleging that the provision for fixing seniority has been made by the statutory Rules and that the combined seniority list as also the eligibility list were in accordance with the statutory scheme.Dismissing the Writ Petitions.^HELD: 1. In the absence of any special provisions regulating determination of seniority, length of continuous service in any particular grade would be the basis for determining seniority in that grade. If a rule prescribes a method of fixation of inter se seniority, the normal practice would not apply and the rule shall prevail. [291H;292A]2. The scheme does not appear to be arbitrary. The Rules and the Regulations intended to give effect to the scheme are not ultra vires of either Article 14 or Article 16 of the Constitution. [294A]3. The scheme constituting a Service to be manned both by direct recruits as also promotee is unexceptionable.Prescription of quota becomes necessary to work out such scheme and rota is a well accepted method for giving effect thereto. Seniority based upon rota is not open to attack.[293G]4. Under rule 13(1) dealing with recruitment to the grade of Section Officers a quota has been fixed and provision has been made for manning of the cadre both by direct recruitment as also by promotion. Seniority in the cadre of Section Officers is the basis on which selection to the higher grade in respect of promotees has to be made.[292 B-C]5. Regulation 3(3) of the Fourth Schedule provides that inter se seniority of direct recruits and promotees shall be according to the quota of 288substantive vacancies in the grade reserved for direct recruits and promotees respectively. The Rules make detailed provision for given effect to the quota rule and since officers are drawn from two different sources, provision has also been made for fixing their inter se seniority. The inter se seniority of the direct recruits and promotees in each of the cadres of Section Officers has not been challenged in the instant case. Such fixation has been made years back. In the absence of challenge, the consequential process of drawing up of select list depending upon such seniority for promotion to Grade I (post of Under Secretary) would not be open to challenge. [293H; 294A; D]6. If there is a quota rule to implement, the question of length of services becomes an irrelevant consideration.Once the quota rule fails, the rota can no longer be enforced without causing prejudice to officers with longer periods of service in the cadre. The quota rule itself has not been questioned in the instant case. [294F-G]Mervyn Coutindo & Ors. v. Collector of Customs, BombaySee the full content of this document
Extract
H.V. Pardasani, Etc. VS. Union Of India & Ors.
PETITIONER: H.V. PARDASANI, ETC.Vs.RESPONDENT: UNION OF INDIA & ORS.DATE OF JUDGMENT12/03/1985BENCH: MISRA RANGNATHBENCH: MISRA RANGNATHBHAGWATI, P.N.SEN, AMARENDRA NATH (J)CITATION: 1985 AIR 781 1985 SCR (3) 286 1985 SCC (2) 468 1985 SCALE (1)556CITATOR INFO : RF 1988 SC 902 (10,13)ACT: Central Secretariat Service Rules-Rules 12 and 13 (5)- Central Secretariat Service (Promotion to Grade I and Selection Grade) Regulations 1964, Regulation 5(2)(c).Secretariat Service-Section Officers-Promotion to Under Secretary- Drawing of Select List of Section Officers- fixation of seniority between promotees and direct recruits- How determined-Service scheme - Whether ultra -Vires Articles 14 and 16.Constitution of India 1950, Articles 14 & 16 Central Secretariat Service Scheme-whether ultra vires.JUDGMENT: Gujarat & Ors. [1971] I S.C.R. 1037. P.S. Mahal & Ors. v.Union of lndia & Ors. AIR 1984 S.C.R. 1291, A. Janardhana[1983] 2 S.C.R. 936 and P.C. Sethi v. union of lndia [1975]3 S.C.R. 2...
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