DHARMADHIKARI - (1.) J.
(2.) IN these appeals the appellants question the correctness of and assail the order dated 30.10.1996 of the Mumbai Bench of the Central Administrative Tribunal. The appellants were appointed as Preventive Officers (Grade I) in Central Services Group 'C' (non-gazetted). The question before the tribunal was on the validity of 20% quota fixed for them for promotion to the post of Appraiser. According to them a much lower quota fixed for them as compared to 75% quota fixed in favour of the Examining Officers is arbitrary and discriminatory. The two categories of officers' namely Preventive Officers and Examining Officers shall for convenience be shortly referred to hereinafter as POs and EOs respectively. The Mumbai Bench of the tribunal rejected the challenge of POs both on merits as also on the ground of res judicata by relying on a two-member judgment of Madras bench of the same tribunal in which similar challenge was negatived on a petition filed by All India Customs Preventive Services Federation representing the POs as a class.
(3.) IT may be mentioned that the above- mentioned 75% quota for EOs and 20% quota for POs to the promotion post of Appraiser has been fixed by statutory rules framed under Article 309 of the Constitution of India viz., Department of Revenue (Custom Appraisers Recruitment) Rules 1988. The appellants assail validity of the Rules and schedule appended to it whereunder 75% and 20% quota has been fixed respectively for EOs and POs.;