- (1.) THESE are two petitions under Article 226 of the Constitution, one by Shri O. N. Chauhan and the other by Shri G. K. Sinha, praying for a writ in the nature of certiorari quashing the order of the Collector, Central Excise, Allahabad, dated 10-11-1953, and a writ in the nature of mandamus ordering the Collector of Central Excise, Allahabad, the opposite party, to restore the petitioners to the cadre of Selection Grade Inspector to which they were appointed permanently by the order of 27-2-1953.
(2.) THE petitioners were permanent Inspectors in the Central Excise Department Allahabad in august 1952; Letter No. 4 (98)--Ad. (CX) 51, dated 20-8-1952, from Government of India, ministry of Finance (Revenue Division), New Delhi, to the Collectors of Central Excise said in para. 2: "the Selection grade for Inspector of Central Excise will constitute 15 per cent of the cadre strength of Inspectors, appointments thereto being made of permanent incumbents only on the basis of seniority-cum-fitness. "
(3.) IT was mentioned in letter No. C. No. II-359-ET/52/810, dated 12-1-1953, forwarding the government of India, Ministry of Finance (Revenue Division), New Delhi, letter No. C. No. 4 (98) Ad. (CX)/51, dated 3-12-1952, to Collectors of Central Excise: "the selection grade posts for Inspectors will constitute 15 per cent of the sanctioned permanent posts of ordinary grade Inspectors, and in calculating the number of Selection grade posts fractions of a whole number will be ignored. All the selection grade posts will be permanent and the cadre strength of the ordinary grade will be reduced by the number of posts placed in the selection grade. ";