CHANDRASHEKHAR, J. - (1.)The principal question that arises for determination in this petition is whether in the same cadre it is permissible to provide a method of promotion for some posts, different from the method of promotion for the remaining posts in that cadre. It is contended for the petitioner that such different methods of promotion in the same cadre, are offensive to equality guaranteed by Arts. 14 and 16 of the Constitution.
(2.)In the Central Excise Department, up to the year 1959, 50 per cent of the vacancies in the cadre of Upper Division Clerks (hereinafter referred to as U.D. Clerks) were filled by direct recruitment. On the recommendations of the Pay Commission, direct recruitment to the cadre of U.D.Clerks was discontinued and all the posts of U.D. Clerks are filled by promotion of Lower Division Clerks (hereinafter referred to as L.D. Clerks).
(3.)In 1962 the Government of India decided that 25 per cent of the posts of U.D. Clerks should be set apart for being filled on the basis of competitive examination limited to L.D. Clerks. However, no separate competitive examination is held to determine merit. The performance of L.D. Clerks in the Deparmental Examination and in one extra paper in precis-writing and drafting, has been made the basis for determining merit. The Central Excise Re-organisation Committee (constituted by the Government of India under the Chairmanship of Mr.A. K.Chanda) stated in its report that in the Central Excise Department a substantial proportion of L.D.Clerks were employed in doing work of non-routine nature, which should ordinarily be assigned to U.D. Clerks. That Committee opined that it would be unfair to use L.D. Clerks for doing the work of U.D.Clerks without grading them accordingly, and recommended that adjustments should be made in the strength of L.D.Clerks to conform to the responsibilities envisaged for them by the Pay Commission. Presumably, on the basis of the recommendation of that Committee the Government of India sanctioned in April 1966 upgrading of about 1000 posts of L.D.Clerks into U.D.Clerks, and in the Mysore Collectorate the number of posts so upgraded is 66.
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