- (1.) THESE Writ Petitions are directed against the Order of the learned Central Administrative Tribunal, Hyderabad Bench, Hyderabad in O. A. No. 938 of 2002 and Batch, dated: 29. 12. 2003.
(2.) THE appointment to the posts of Inspector of Central Excise is provided by dual channel namely Direct Recruit Inspectors (hereinafter called the D. R. Is.) and Promotee Inspectors (hereinafter called the P. R. Is. ). The fixation of inter se seniority among these two categories was in simmering pot for nearly two decades. After repeated upheavals and somersaults, the department has prepared a tentative seniority list dated:22. 7. 2002 and thereafter final seniority list was notified on 7. 8. 2002 by the 2nd respondent-Commissioner of Customs and Central Excise, Hyderabad-II, who is the cadre controlling authority. Challenging the said integrated seniority the P. R. Is. filed batch of O. A. Nos. 938 of 2002 and Batch. The following is the general prayer made by the applicants in the O. As. referred to above: "to call for the records relating to and connected therewith the impugned seniority list issued in proceedings No. C. No. II/34/12/97-Estt (PF-III) dated:22. 7. 2002 as confirmed in proceedings No. C. No. II/34/12/97 Estt. (PF-III) dated: 7. 8. 2002 of the office of the 2nd respondent and quash or set aside the same to the extent of placements assigned to the applicants below 1992 and 1993 Direct Recruitments and consequential direct official respondents to revise the seniority and refix the seniority basing on their dates of promotion and following the principles of length of service, if necessary by declaring para No. 24. 4 or O. M. No. 351014/12/80. Estt. (D), dated: 7. 2. 86 of the Department of Personnel and Training as notified in the O. M. No. 22011/7/86-Estt. (D) dated:3. 7. 1986 as arbitrary, illegal and unconstitutional and to grant all consequential benefits flowing there from and connected reliefs. "
(3.) FACTUAL matrix in order to appreciate the inter se seniority dispute among D. R. Is. and P. R. Is. is referred to infra. The recruitment to the posts of Inspectors of central Excise is made from two channels one from direct recruitment and another by promotion from in-service candidates in accordance with the provisions laid down in Central Excise and Land Customs Group-C Recruitment Rules, 1979 (for brevity "1979 Rules") framed by the President of India under proviso to Article 309 of Constitution of India. The ratio between the direct recruits and the promotions from various in-service cadres on the ministerial line was fixed under the Rules at 75%:25%. However, the Rules did not provide modalities for preparation of the seniority list inter se D. R. Is. and P. R. Is and the seniority being prepared on the basis of the executive instructions issued by the Government of India from time to time.;