- (1.) We have before us writ petition - W. P. 651 of 1997 and certain Interlocutory Applications bearing Nos. IA 4, 6 to 8 filed in an earlier Writ Petition No. 306 of 1988. The said W. P. No. 306 of 1988 was disposed of by this Court by Judgment dated 22-11-1996 All India Federation of Central Excise v. Union of India, (1997) 1 SCC 520. Aggrieved by certain subsequent events, various parties have filed the writ petitions and I.As.
(2.) For the purpose of appreciating the disputes in these matters, it is necessary to set out the following facts : The feeder categories for promotion to the posts in Group A services constituting the Indian Customs and Central Excise (Group A) Service are : (a) Superintendents of Central Excise, Group B (which consists of all promotees from lower cadres; (b) Superintendents of Customs (P) Group B (again all promotees from lower cadres); and (c) (i) Customs Appraisers Group B (consisting of officers directly recruited through UPSC; (ii) Promotees from the feeder-cadres of Customs Examiners in ratio of 50:50).
(3.) During the pendency of the earlier writ petition, W. P. No. 306 of 1988, the Government of India came forward with certain proposals dated 8-6-1989 to resolve the long standing grievances of various groups of officers and to shorten litigation. This Court heard all the parties and their respective views on these proposals and accepted them. So far as the inter-se dispute between the two sub-categories in the third feeder category (c) was concerned - namely promotee and direct recruit Customs Appraisers Group B, it was stated that the decision in Gaya Baksh Yadav v. Union of India (1996) 5 JT (SC) 118 would govern. In respect of promotion to Group A posts from all the three feeder groups, (a), (b) and (c) it was agreed that the proposals of the Government of India dated 8-6-89 would govern. Under those proposals a new quota rule of 6:1:2 was to apply to these three feeder channels in Group B for promotion to Group A. This Court observed that the proposals were just fair and equitable and accordingly, the Union of India should amend the Rules so far as promotion to Group A service was concerned and review all post-1979 ad hoc promotions to the posts of Senior Superintendent/Assistant Collector. This exercise was limited to the promotee quota of 50% of Group A posts from the three feeder channels because the remaining 50% in Group A was to be filled by direct recruitment. Certain other consequential directions were also given. The writ petition stood disposed of in terms of the said directions by Judgment dated 22-11-1996.;