AKSHAYA KUMAR DERASHRI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the field of service jurisprudence, the disputes relating to seniority have acquired notoriety. IN the present case, the dispute travelled more than once upto the Apex Court. The clear mandate dated 22.11.1986 of the Hon'ble Supreme Court in Writ Petition (C) No. 306 of 1988- All INdia Federation of Central Excise Etc.v. Union of INdia and Ors., 1997(2) SLJ 69 (SC), has been misunderstood, misinterpreted and misapplied by the respondent department, giving rise to further litigation. With these preliminary observations, we proceed to narrate the wood cut profile of the case.

(2.) The applicant, Akshaya Kumar Derashri, who was initially recruited as Appraiser of Customs, was promoted as Assistant Collector (now re-designated as Assistant Commissioner) Group 'A' vide order dated 30.11.1979, copy of which is Annexure A/A1. He was subsequently promoted from Junior Time Scale (Grade VI) to the Senior Time Scale (Grade V) of the Indian Customs and Central Excise Service Group 'A' pursuant to the office order dated 25.10.1990, copy of which is Annexure A/2. In course of time, the applicant came to be further promoted as Deputy Commissioner of Customs and Central Excise (now re-designated as Joint Commissioner) in respect of which office order dated 23.05.1991. (Annexure A/3) was issued. Selection grade, i.e., Additional Commissioner's grade was also granted to the applicant with effect from 01.08.1997 vide order dated 27.08.1997, a copy of which is Annexure A/4. Presently, the applicant is working as Additional Commissioner Customs, Jodhpur.

(3.) IN the historical retrospect, the facts as set out are that in 1979 when the applicant was promoted, promotions from Group 'B' to Group 'A' were made on the basis of the principle of 'Quota Rota', which was fixed by the administrative instructions issued by the Central Government from time to time. The method of filling up of the vacancies on the basis of 'quota rota* was challenged by the direct recruit Appraisers in Civil Writ Petition No. 4532-33 of 1978 before Hon'ble the Supreme Court, which disposed them of by order dated 23.09.1987 by observing that "the promotions now in dispute would also be looked into with reference to the Rules and redisposcd of in accordance with law". The INdian Customs and Central Excise Service Group 'A' Rules, 1987 came into being, which inter-ana, applied to the persons who were appointed to the service after 15.08.1959 and before the commencement of these Rules. The Rules stipulate that 50% of the vacancies shall be filled by direct recruits and 50% by promotees. The determination of the inter se seniority was to be made with reference to the provisions of Rule 18(2)(b) which lays down that the seniority of the officers in Group 'B' feeder categories of service for eligibility for promotion to Group 'A' shall be determined on the basis of their regular length of service in their respective Group 'B' categories, subject to the condition that the inter se seniority in each feeder category of service shall be maintained. IN its Judgment dated 08.05.1996 in the case of Gaya Baksh Yadav v. Union of INdia and Ors., JT (1996) 5 SC 13 8, the Apex Court has held that for determining inter se seniority between direct recruit Appraisers and promotee Appraisers, the length of service alone will be the criteria. Subsequently, in its judgment dated 22.11.1996 in the case of All INdia Federation of Central Excise Etc. v. Union of INdia and Ors. (supra), the Apex Court issued the following directions: