post based roster system introduced vide DOP&T OM dated 2.7.1997 read with OM dated 11.7.2002. The Chairman, Central Board of Excise & Customs ... import of office memo dated 11.7.2002 read with office memo dated 2.7.1997 and also some of its earlier judgments. These aforesaid office memoranda were interpreted
very outset that the constitutional validity of the OM
dated 2.7.1997, issued by DoP&T has not been challenged in this petition. A
number ... 36012/2/96-Estt.(Res.) dated 2.7.1997, DoP&T, inter alia,
stated as under:
"The undersigned is directed to say that under
V.Venkatraman & 6 vs Union Of India Thr'Its General Manager & ... on
issuance of office memorandum No. 36012/2/96-Estt. (RES) dated 2.7.1997 at Annexure A-6 and on perusal to quash the same ... extent it restricts the effect of the said office memorandum only from 2.7.1997 since it has the impact of postponing the operation
State of Punjab and others and issued instructions in DOPT OM dated 2.7.1997 referred to supra to convert vacancy based rosters into post based rosters ... Appendix to Annexure III enclosed to the above referred OM dated 2.7.1997. The further case of the respondents is that K. Prabhudas who belonged
quashed.
i) That proper post based roster w.e.f. 2.7.1997 has not been prepared by the respondents as per which turn of SC candidates ... applicant has been ignored illegally. Additionally only the incumbents existing on 2.7.1997 in the cadre, could be considered and not those who stood promoted, died
based roster, although the DOPT had issued instructions that vacancies prior to 2.7.1997 have to be filled up in accordance with the then prevailing Rules ... thus the post based roster policy had to be adopted after 2.7.1997. He has relied upon the decision of the Apex Court
post based roster as also the factum of
issuance of instructions dated 2.7.1997, 11.7.2002 and 31.1.2005.
10. On 11.12.2008, the Tribunal allowed ... applicant-respondent Nos. 1 to 3 holding that the instructions dated
2.7.1997 were modified by the instructions dated 11.7.2002 (R-1),
which are clarificatory
examined and rejected by the District Inspector of Schools vide order dated 2.7.1997, which is impugned in the present writ petition.
4. The post ... sustained."
16. The District Inspector of Schools in his order dated 2.7.1997 has vaguely referred to non-compliance of provisions
implementing the Government of India DOP&T OM dated 2.7.1997 (Annexure A-4) issued in obedience and implementation of the judgment ... said instructions of DOP&T stipulated that:-
The Office Memorandum dated 2.7.1997 was examined in consultation with the Attorney General of India. The Attorney
