ALL INDIA FEDERATION OF CENTRAL EXCISE versus UNION OF INDIA AND ORS.

ALL INDIA FEDERATION OF CENTRAL EXCISE versus UNION OF INDIA AND ORS.

The quota rule of 6:1:2 applies to vacancies as they arise, not to the composition of posts at all times; after promotion to Group A, the feeder category identity is lost; deviations from the quota rule to correct prior imbalances are permissible and not unfair; any change of the quota rule requires appropriate amendment and cannot be directed by the court.

Parties
Petitioner: All India Federation of Central Excise Gazetted Executive Officers Association; Respondent: Union of India; Intervener: Customs Appraisers (Direct Recruits); Intervener: Customs Superintendents (P)
Jurisdiction
India
Judgment Date
22 February 1999
Procedural Posture
Writ Petition (civil) Under Article 32 / Final Order Disposing of Writ Petitions and Interlocutory Applications
Outcome
Petitions and interlocutory applications dismissed; IA No.7 allowed for filing IA No.6, but IA No.6 dismissed; direction to implement earlier judgment granted.
Legal Topics
Promotion, Quota Rule, Seniority, Rules Amendment, Feeder Posts, Vacancy Filling Procedure
Service Law Promotion Quota Rule Seniority Rules Amendment Feeder Posts Vacancy Filling Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

All India Federation of Central Excise Gazetted Executive Officers Association

Petitioner

Union of India

Respondent

Customs Appraisers (Direct Recruits)

Intervener

Customs Superintendents (P)

Intervener

Procedural Posture

Writ Petition (civil) Under Article 32 / Final Order Disposing of Writ Petitions and Interlocutory Applications

Legal Issues

  1. 1 Whether the quota rule of 6:1:2 for promotion to Group A posts must be maintained at all times in terms of posts or only applied to vacancies as they arise
  2. 2 Whether a vacancy arising from the retirement of promotee officer of a particular feeder category must be filled from that category
  3. 3 Whether deviation from the prescribed quota rule is unfair

Ratio Decidendi

The quota rule of 6:1:2 applies to vacancies as they arise, not to the composition of posts at all times; after promotion to Group A, the feeder category identity is lost; deviations from the quota rule to correct prior imbalances are permissible and not unfair; any change of the quota rule requires appropriate amendment and cannot be directed by the court.

Court Disposition

Petitions and interlocutory applications dismissed; IA No.7 allowed for filing IA No.6, but IA No.6 dismissed; direction to implement earlier judgment granted.

Orders

  • Writ Petition No. 651 of 1997 and IA No.8 dismissed.
  • IA No.7 allowed granting permission to file IA No.6; IA No.6 dismissed.