- (1.) This is another manifestation of the never-ending dispute between direct recruits and promotees, arising in this batch of 5 appeals,directed against the judgment and order dated 28/5/1987 of the central Administrative tribunal, Principal bench, New Delhi.
(2.) A representative petition, representing the interests of the promotee officers, belonging to the Customs Appraisers Service Class II, was filed before the central Administrative tribunal, Principal bench, New Delhi, challenging Circular No. A-23011/86-AD-11 (A) dated 22/5/1986 issued by the Ministry of Finance (Department of Revenue) , government of India, containing principles regarding "promotion of Appraisers of Customs to the Indian Customs and central Excise Service, Group A", for quashing of the pursuant "all India Combined List of Appraisers" circulated therewith, and for a direction to the government of India to prepare a fresh seniority list in accordance with law, on the basis of length of service, quashing promotions of some of the respondents therein to the post of Assistant Collector of Customs and central Excise as also for a corresponding direction to promote the promotee-applicants to such posts, giving them the benefit of revised seniority with retrospective effect.
(3.) A glimpse of the service-related history would be useful for a thorough grasp of the problem. There existed Customs Houses in the metropolitan cities of Bombay, Madras and Calcutta at a given point of time, established by the government of India, and manned by members of the Customs Appraisers Service. As far back in 1936, the central Board of Revenue, by order, had established the manner of recruitment to the Customs Appraisers Service to be done from two sources, i. e. , 50 per cent by departmental promotion, 25 per cent directly from experts and 25 per cent by means of competitive examination or selection by the public service commission. It was also provided in the said order that the percentage laid down denoted the maximum and the Collector of Customs would not be bound to recruit uptil the maximum is reached, particularly in the case of recruitment by promotion. In actual practice, however, this order had been acted upon as if providing 50 per cent posts for promotees and 50 per cent for direct recruits, whether they be experts or coming by competitive examination or selection by the public service commission.;