Some promotee Appraisers belonging to the Bombay Customs.
the Tribunal was projected as also defended in a representative way in order to determine whether the impugned circular of May 22, 1986 wasfair and reasonable, number violating the equality rule and if so to ascertain what companyld be the basis to settle this otherwise never ending dispute.
in that.
There existed Customs Houses in the metropolitan cities of Bombay, Madras and Calcutta at a given point of time, established by the Government of India, .and manned by members of the Customs Appraisers Service.
The seniority list thus prepared on this principle was challenged before the Bombay High Court by some promottee Appraisers of Bombay Custom house vide.
In case more than one promotee officer belonging to different cadres go placement between two direct recruits, names of such ptomotees were arranged in the order pf their length of companytinuous service as Appraiser The basic principle employed for preparing the All India .list was in preserving the inter se seniority of Appraisers in each Customs Hoses or in other words in the original cadre, The employment of such calculation became a disquieting factor.
the panel prepared by the departmental promotion companymittees in the respective customs houses.
Since the said service was an All India Service need.
Thus the matter before.
This was done taking into companysideration that direct recruits list is made on, All India basis.
No opinion was however expressed by the Bombay High Court with regard to the validity of the principle set cut in the Circular dated 28.2.1973.
Allowed on.
filed before the Central Administrative Tribunal, Principal Bench, New Delhi, challenging Circular No, A, 23011/86 AD.II A dated the 2nd May, 1986 issued by the Ministry of Finance Department of Revenue , Government of India, companytaining principles regarding Promotion of Appraisers of customs to the India Customs and Central Excise Service, Group A for quashing of the pursuant All India.
1 SCR 540 The Judgment of the Court was delivered by PUNCHHI, J. This is another manifestation of the never ending dispute between direct recruits and promotees, arising in this Batch of 5 appeals, directed against the judgment and order dated 28.5.1987 of the Central Administrative Tribunal, Principal Bench, New Delhi, A representative petition, representing .the interests of the promotee officers, belonging to the Customs Appraisers Service Class II, was.
The special leave petition of the Union of India, so as to challenge the judgment and Order of the Bombay High Court Was rejected on 22.2.1982.
The Government was left to its own to device any other legal and valid principle, if number the principle of companytinuous length of service rendered.
Rather in so many words the High Court left the validity of these principles expressly open companyceding that if occasion arose the principles Reflected in the decision dated 28.2.1973 might have to be fully companysidered and adjudicated upon.
The Grade of Principal Appraiser however was abolished on 1.4.9.1970.
Entry into service by promotion was fortuitous dependent on the exercise by the departmental companymittees in the respective.
The Government then went into another exercise to untie the knot.
12 9 1985 quashing the circular dated October 29, 1982 giving a direction to the Union of India to fix the seniority of the promotees and direct recruits .Appraisers on some fair and just principle with out causing serious prejudice to either of them.
Court filed by the.
The name of promotee Appraisers belonging to the different cadres were so placed in the All India list of direct recruits that their Relative seniority vis a vis the direct recruits, as obtaining in their respective cadres, to which the promottees and the direct recruits, belonging to the year, were maintained.
All India Service basis and the promotional posts of Assistant Collector of Customs Central Excise.
the promotions made on the basis of All India Service prepared in pursuance of the principles companytained in the Circular dated 28.2.1973 Direction was issued to the Government to prepare a companybined Seniority list of Appraisers all over India on the basis of companytinuous length of service rendered by them as Appraisers or any other legal or valid principle.
This principle too was unacceptable to some.
Customs Houses and the outcome.
The Appraisers thenceforth were made eligible For promotion directly to the post of Assistant Collector of Customs, a Group A post, in the Indian Customs and Central Excise Service.
Writ petition number 2699 of 1.972 which was allowed on October 18,1979.setting aside.
House cadre found themselves to have become junior to the promotee Appraisers of Calcutta and .Madras Custom Houses cadres.
falling in the share, of Appraisers.
Further it was provided that vacancies in the Group A meant for Appraisers would be filled up tram the two panels i.e. one meant for direct recruits and the other for the promottee Appraisers, in the ration of 11, alternative vacancies going to the promottees and direct recruits.
The following principles were laid down for the preparation of an All India, list of Appraisers for promotion to the Class 1 service Direct recruitment Appraisers belonging to three different cadres were arranged in the order of their rank in the Select List prepared by the Union Public Service .Commission.
arose to prepare an All India list of Appraisers working in the Customs Houses.
Statedly one letters patent appeal at the instance of the direct recruits was pending in the Madras High Court when, the Central Administrative Tribunal became seisen pf the matter.
It made a decision on October .29, 1982 that the direct recruits and the promottee Appraisers would be brought on two different list on.
Final venture was made by the Government by issuing a circular dated May 22, 1986 deciding that the promotees of all the three cadres regions custom houses may be placed together on the basis of their companytinuous length of service and the direct recruits companyrespondingly on the basis of their inter se ranking assigned by the U.P.S.C. and then an All India list be prepared by rotating the officers in the two lists in the ratio of 11.
1996 SUPP.
9925/82 and 3 77 of 1983 which were.
that direction was made by the Ministry of Finance, Department of Revenue Insurance, vide Circular dated 28.2.1973.
The companyrt look the view that the Appraisers as a class stood integrated and thus numberdistinction companyld be kept alive between direct recruits and the promotees, Letters Patent Appeal.
The circular was challenged in the Madras High Court in two writ petitions Nos.
A decision in.
will be divided equally between the direct recruits and the promotees.
The Union of India was directed to prepare afresh an All India companybined list of Appraisers on the.
As and from 15.8.1947 the Rule of Mervyn Continho applied till such date from which the Customs Appraisers Service, Class II Recruitment Rules 1961, came into force.
Government was Withdrawn but.
This time challenge came in the Madras region.
The circular inter alia provided that prornotee Appraisers of all the custom houses companyld be brought on one list on the basis of their companytinuous length of service, subject to the order on which they wee included in.
