Under those proposals a new quota rule of 612 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 companycerned and review all post 1979 adhoc promotions to the posts of Senior Superintendent Assistant Collector.
The seniority list of Customs Appraisers was also revised from 1961 and a final seniority list was published.
As stated in the companynter affidavit of the Union of India, thereafter, Rule 18 of the Rules was amended on 23.3.1998 by the Indian Customs and Central Excise Service Group A Amendment Rules, 1998.
Aggrieved by certain subsequent events, various parties have filed the writ petitions and I.As.
IA 4, 6 to 8 filed in an earlier Writ Petition No.306 of 1988.
So far as the inter se dispute between the two sub categories in the third feeder category c was companycerned namely promotee and direct recruit Customs Appraisers Group B, it was stated that the decision in Gagan Bakshi Yadav vs. Union of India J.T. 1996 5 SC 118 would govern.
This Court heard all the parties and their respective views on these proposals and accepted them.
They also raised questions regarding interpretation of the Governments decision dated 8.6.89 and the subsequent amendment of the Rules in 1998.
As the bulk of these adhoc promotions had number companye from the feeder category of Superintendents, Central Excise Group B, they had filed W.P. No.651 of 1997 questioning these ad hoc promotions.
But meantime, in view of the delay in the review to be done by the UPSC, it had become necessary to make further ad hoc promotions to Group A posts.
Subsequently, the All India seniority List of Superintendents of Customs P and Superintendents of Central Excise in Group A on the basis of their companytinuous length of service in Group B was issued.
After the review of all promotions is companypleted, it was proposed to bring about a final list of Assistant Commissioners by interpolating the Direct recruit Officers in Group A and the promotees from Group B, as promoted from the three feeder categories.
The Writ Petition stood disposed of in terms of the said directions by Judgment dated 22.11.1996.
Various other stages of review of the promotions at the level of Assistant Commissioner Group A and Deputy Commissioner were referred to in the companynter affidavit of the Government of India.
I.A. No.
4 was filed by the Direct recruit Customs Appraisers.
I.A.No.
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.
We shall deal with these matters one after the other.
The Writ petitioner filed Contempt Petition No.513 of 1997 and this Court ordered on 6.4.1998 the same to be registered as an A. IA 8 goes alongwith W.P. 651 of 1997.
Certain other companysequential directions were also given.
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.
6 was filed by the Customs Superintendents p .
Writ Petition No.651 of 1997 The petitioners in W.P. No.651 of 1997 represented by learned senior companynsel Smt.
In addition, a proposal for review of 1979 promotions was also started by requesting the UPSC to companyvene a meeting of the DPC for reviewing the ad hoc promotees from 1980 onwards.
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 companystituting the Indian Customs and Central Excise Group A Service are Superintendents of Central Excise, Group B which companysists of all promotees from lower cadres Superintendents of Customs P Group B again all promotees from lower cadres and c i Customs Appraisers Group B companysisting of officers directly recruited through UPSC Promotees from the feeder cadres of Customs Examiners in ratio of 5050 .
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 vs. Union of India 1997 1 SCC 520.
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.
