At this stage it may be mentioned that 76 posts to which recruitment was made were temporarily manned by departmental promotees.
He had been holding the said post for about 81 years at the time of filing the petition.
But he was reverted to the post of Section Head on June.
The first petitioner joined the office of the 3rd respondent, the Joint Controller of Imports and Exports, Bombay, on April 29, 1946, as an Appraiser.
The said list companyprises three categories of officers the first category of 47 officers were those that were appointed before January 1, 1952, and whose appointments had been regularized by the Union Public Service Commission the second category of officers are 76 in number companyprising of departmental promotion and the numberinees of the Union Public Service Commission in the ratio of 25 75 respectively as laid down in the recruitment rules,.
After companysulting the said Commission, the Government of India fixed the seniority of the Assistant Controllers and prepared a seniority list dated November 30, 1961.
Assistant Controllers, Class 11, are appointed from two sources, namely, by promotion from the lower cadre and by direct recruitment.
68 to 123 in the said list are direct recruits.
Ultimately, on June 13, 1962, the said arrangement was embodied in the recruitment rules made by the Government of India under Art.
We are number companycerned in this petition with those appointed after November 30, 1955.
He was promoted to the post of Assistant Controller with effect from March 31, 1956 that is to say, he has been holding the post for a period of about 9 years at the time he filed the petition.
69, was put at No.
But, in the second category with which we are number companycerned, it appears that the Departmental Promotion Committee companysidered the cases of Assistant Controllers who were working on an ad hoc basis and selected, on the basis of merit, 25 officers out of whom 19 were adjusted against the said quota of 25 and these 19 officers were placed above the direct recruits.
In the second category there were 76 posts available for recruitment.
R. Gokhale, G. L. Sanghi and B. R. Agarwal, for the petitioners.
Niren De, Addl.
The second petitioner Joined the said office on March 5, 1941 and in due companyrse he was promoted to the post of Assistant Controller with effect from April 1, 1956.
dated June 22, 1949 issued by the Government of India Ministry of Home Affairs .
309 of the Constitution.
The third petitioner joined the said office on May 8 1945 as a B Grade Clerk and was promoted to the post of Assistant Controller with effect from September 4, 1956.
On the agreed formula of 25 for the department and 75 for direct recruitment, 19 posts would go to the departmental candidates and 57 posts to the direct recruits.
The effect of the new recruitment was that their position of seniority was disturbed by reason of the application of the said ratio of 25 for the departmental candidates and 75 for the direct recruits and by reason of the fact that the direct recruits took precedence over some of them.
3 3 The effect of the new seniority list prepared on November 30, 1961 is that, as the said ratio was applied and as the direct recruits.
30/44 48 Appts.
He was also holding the said post for a period of about 9 years at the time of filing the petition.
In December, 1955, pursuant to an advertisement issued by the Union Public Service Commission, 57 Assistant Controllers were appointed by direct recruitment.
124 the 2nd petitioner, who should have been shown at No.
and the third category are departmental promotees and the numberinees of the Union Public Service Commission arranged on the principle of rotation in the ratio of I 3.
ORIGINAL JURISDICTION Writ Petition No.
On November 30, 1961, the Government of India prepared a new seniority list and the said seniority list is given as Annexure F to the petition.
S. Bindra and K. Baldev Mehta, for respondents Nos.
3 1 The relevant facts may briefly be stated.
The Imports and Exports organization came into existence during the Second World War.
There are three main categories of employees in the said department, namely, i those appointed prior to January 1, 1952 ii those appointed between January 1, 1952 and November 30, 1955 and iii those appointed after November 30, 1955.
In the year 1949 the appointment of the said officers and their promotions were governed by the principles enunciated in the Memorandum No.
The 4th petitioner joined the said office on July 28, 1943 as a lower division clerk and in due companyrse he was promoted as Assistant Controller with effect from November 1, 1961.
14,1963.
It was expected to be a temporary organization and, therefore, appointments to the various categories in the said organization were made on an ad hoc basis.
32 of the Constitution of India for the enforcement of fundamental rights.
40 of 1965.
Subsequently, the posts of Assistant Chief Controllers were redesignated as Controllers and the posts of Executive Officers, Licensing Officers and Junior Licensing Officers were companyverted into one category, namely, Assistant Controllers, Class 11.
Solicitor General, R. Ganapathy Iyer and R. Sachthey, for respondents Nos.
In the year 1949 it companyprised the following posts Chief Controller, Joint Chief Controller, Deputy Chief Controller, Assistant Chief Controller of Imports and Exports, Executive Officers, Licensing Officers and Junior Licensing Officers.
Petition under Art.
The Judgment of the Court was delivered by Subba Rao, C. J. This writ petition raises the question of the companystitutional validity of the appointment of respondents 4 to 74 by direct recruitment as Assistant Controllers of Imports and Exports.
48 to 66 in the list are promotees so selected by the Departmental Promotion Committee, and serial Nos.
11, 14 and 27.
of these the last 3 were Class II posts and the rest were Class I posts.
Nothing need be said in this case about the first category, for their appointments are number in question.
Serial Nos.
were put above the petitioners and others similarly situated, the Ist petitioner, who should have been shown at No.
But, as numberrules were prescribed and the appointments were made on ad hoc basis, the Union Public Service Commission rightly raised objections and after protracted companyrespondence it was agreed in 1955 that the appointments made by the Ministry during 1947 1951 should be regularized on the basis of the record of work and that in regard to subsequent appointments there should be a ratio of 25 for the departmental promotees and 75 for direct recruits.
