Document Fragment View
Fragment Information
Showing contexts for: hereafter in B.S.Murthy . vs A.Ravinder Singh . on 15 March, 2022Matching Fragments
Dated 29.12.2003 seniority of Inspectors of Central Excise, as between direct recruits and promotees. The promotee inspectors are aggrieved, and are appellants before this court.
2. Recruitment to the posts of Inspectors of Central Excise is from amongst two channels- one, direct recruitment and the other, by promotion from in-service candidates: in accordance with the provisions of the Central Excise and Land Customs Group-C Recruitment Rules, 1979 (hereafter the "1979 Rules" or “the Rules”) framed by the President of India under proviso to Article 309 of Constitution of India. The ratio between the direct recruits and the promotions - from amongst various in-service cadres on the ministerial line- was fixed under the Rules at 75%:25% (or 3:1). The Rules however, did not provide guidance for determination of inter se seniority of direct recruit inspectors (DRIs) and promotee inspectors (PRIs). Seniority lists were prepared on the basis of executive instructions issued by the Government of India from time to time. It is an undisputed fact that inter se seniority was governed by an office memo3 dated 22.12.1959 (hereafter “1959 OM”) stipulating general guidelines to determine the seniority of various category of employees in the Central Secretariat. The Central Excise Department too followed it. The 1959 OM stipulated that seniority was determinable by the order indicated at the time of initial appointment (and not date of confirmation). Permanent Officers of each grade were to be ranked seniors to those officiating to that grade. The inter se seniority of the direct recruits was to be determined by the order of merit in which they are selected for such appointment on the recommendations of the U.P.S.C. or such selecting authority. Paras 2-5 of the 1959 OM provided the principles for determining inter se seniority of direct recruits and promotees. In the light of experience, the 1959 OM Office Memo No. 9/11/55 RSP dated: 22.12.1959 was changed, and another OM was issued, on 07.02.19864 (hereafter “1986 OM”).
3. Five Revenue Inspectors, from the promotion cadre (hereafter called generically also- apart from PRIs as “promotees”), promoted in 1983-1984 filed an application5, challenging the inter se seniority list dated 08.07.1985 (hereafter “the 1985 list”) issued by the department on the ground that the length of their continuous service was not taken into consideration while fixing seniority. This application however did not implead the direct recruit employees; it was allowed on 05.07.1988 (hereafter “CAT 1988 order”). CAT directed the department to recast seniority in accordance with the 1986 OM after giving notice to the affected parties. A revised list was thereafter issued. DRIs, whose seniority was affected by the revised seniority list filed review applications6 in the disposed of applications. The CAT reiterated its main order, dated 05.07.1998 (hereafter “CAT review order”). The department then issued a final seniority list (as on 1.1.1992) on 30.4.1993 (hereafter “1993 final list”). Those promoted before 1986 also requested the department to fix their seniority in terms of the CAT’s 1998 order.
(v) Pre 01.03.1986 cases where the selection process -for direct recruitment- but where appointment was made after that date were covered by the OM dated: 7.2.1986.
7. Based on these findings, the 1993 final list was quashed; the department was directed to prepare another list, afresh. To comply with the order, a special cell headed by the Superintendent of Central Excise was formed. A new final seniority list (dated 15.10.1997-hereafter “1997 list”) was issued based on recommendations of the special cell; it was declared as final on 1.1.1992. This 1997 final seniority list became the subject of scrutiny in RA 56/ 1998 in O.A.No.1323/1993 filed by the PRIs. These review applications were dismissed by an order dated 27.8.1999. CAT was however of the opinion that the matter had to attain a quietus to the long pending issue; it suggested the setting up of a committee consisting of senior Commissioner as chairman to arrive at consensus duly associating the representatives of DRIs and promotees. Any difference of opinion, was to be recorded in the note and final decision was to be left to the Chief Commissioner, who is the cadre controlling authority.