DWARKA PRASAD AND ORS. versus UNION OF INDIA AND OTHERS.

DWARKA PRASAD AND ORS. versus UNION OF INDIA AND OTHERS.

Fixation of lower quota for Preventive Officers for promotion to the post of Appraiser is not legally or constitutionally infirm or discriminatory under Articles 14 and 16; quota allocation can legitimately differ based on departmental structure and policy; parity in pay scales or post duties does not necessitate identical promotion opportunities.

Parties
Appellants: Dwarka Prasad and Ors.; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
28 July 2003
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Promotion Quota, Discrimination, Articles 14 and 16, Cadre Strength, Department of Revenue (customs Appraisers Recruitment) Rules, 1988
Service Law Constitutional Law Promotion Quota Discrimination Articles 14 and 16 Cadre Strength Department of Revenue (customs Appraisers Recruitment) Rules, 1988

Case Brief

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Parties

Dwarka Prasad and Ors.

Appellants

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether fixation of 20% quota for Preventive Officers (POs) for promotion to Appraiser Group 'B' post is arbitrary and discriminatory
  2. 2 Whether fixation violates Articles 14 and 16 of the Constitution of India

Ratio Decidendi

Fixation of lower quota for Preventive Officers for promotion to the post of Appraiser is not legally or constitutionally infirm or discriminatory under Articles 14 and 16; quota allocation can legitimately differ based on departmental structure and policy; parity in pay scales or post duties does not necessitate identical promotion opportunities.

Court Disposition

Appeals dismissed

Orders

  • No legal or constitutional infirmity found in fixation of 20% quota for POs compared to EOs;
  • No retrospective application of upgradation;