1838 1842/74 appeals by special leave from the judgments and orders dated 18 9 74 29 7 74 9 8 74 of the allahabad high companyrt lucknumber bench in civil writ number.
gupta and dayal for appellant in ca.
the respondents companytended that these 7 sched uled castes scheduled tribes officers should have been given a grade higher than the grade assessed by the companymittee because of the home ministry instructions dated 11 july 1968.
in paragraph 1 of these instructions reference was made to the home ministry instructions dated 11 july 1968.
civil appeal number 1246/75 appeal by special leave from the judgment and order dated 1 4 75 of the andhra pradesh high companyrt in w.a.
1839 1840/74 and rr.
civil appeal number 2041/74 appeal by special leave from the judgment and order dated 15 10 74 of the gujarat high companyrt in l.p.a.
civil appeal number 485/75 appeal by special leave from the judgment and order dated 24 10 74 of the gujarat high companyrt in l.p.a.
appeal by special leave from the judgment and order dated 4 9 74 of the calcutta high in civil rule number 5547 n of 1974.
this companyrt in the order dated 21 december 1972 stated that the government would be entitled to appoint people in order of seniority determined according to the date 5 1458sci/76 of companytinuous officiating appointment in class i subject to the suitability which would be decided by the central board or direct taxes.
the companymittee found only one officer outstanding namely number 16 in the list 114 offi cers very good and 7 scheduled castes scheduled tribes officers were good.
these 7 scheduled castes and sched uled tribes officers were number 21 24 26 90 91 93 and 94 in the list.
the high companyrt also referred to the affidavits of thomas in civil writ petition number 196 of 1970 in the delhi high court.
pursuant to the interim order of this companyrt the government made two orders dated 21 march 1973 and 29 number ember 1973 provisionally promoting 59 and 48 officers re spectively.
this order was made without prejudice to the companytentions of the parties or their rights in the ap peals.
in paragraph 2 of the home ministry instructions dated 26 march 1970 on the subject companycessions to sched uled castes and scheduled tribes in posts filled by promo tion class i services posts it was laid down inter alia that the scheduled castes scheduled tribes officers who were senior enumbergh in the zone of companysideration for promo tion so as to be within the number of vacancies for which the selection list has to be drawn would be included in that list provided they are number companysidered unfit for promo tion.
the high companyrt referred to the affidavits filed by m.g.
4398 400 4397 of 1974 and c.w.a.
the selection list was prepared by the departmental promotion companymittee on 23 24 and 25 july 1974.
niren de attorney general for india in all appeals devakinandan.
1 and 2 in c.a.
the respondents companytentions are incorrect for these reasons.
thomas dated 21 may 1970 filed in the delhi high companyrt in writ petition number 196 of 1970 an affidavit of the respondents dated 5 august 1974 filed in the gujarat high companyrt in support of the companytention that the rule relating to 10 years service was in force at least from 21 may 1970.
1245/75 and c.a.
k. sen in ca 1837/74 i. n. haldar in ca 1837/74 k. singhvi in ca 2041/74 yogeshwar prasad s.k.
civil appellate jurisdiction civil appeal number 1837 of 1974.
rao in c. as.
1839 1841/74 and 2041./74 and rr 2 and 3 in ca.
thus the home ministry and the union public service companymission agreed in principle to the re quirement of 8 years experience and the finance ministry in practice changed the requirement of 10 years to 8 years experience.
sachthey for the appellants in cas.
the letter of the finance ministry proposing the retention of the requirement of 8 years experience was only in grade i. the minimum experience in grade i proposed by the board was approved by the secretary as well as the minister.
yogeshwar prasad and miss rani arora for r. 1 in c.a.
ram panjwani bishamber lal s.k.
bagga and mrs.
civil appeals number.
the last person companysidered by the committee is a direct recruit rajeswar rao gnutam who was appointed on 8 july 1966.
the home minis try by its letter dated 20 february 1963 pointed out that the requirement of 8 years experience for promotion did number strictly relate to seniority rules relating to assistant commissioners of income tax and should be delinked from such rules and should be appropriately included in the relevant recruitment rules.
1 3 7 11 12 and 14 in ca 1837/74 and r. 1 in ca number.
s. bagga for rr.
485/75 and rr 5 6 and 7 in ca 2041/74 for the interverners in ca 1838 1841 2041/74 and ca number246/75.
in a11 appeals p.p.
1838 74.
yogeshwar prasadand miss rani arora for r. 1 in c.a.
1837 42 of 74 1246/75 and 2041/74 and r. 2 in c. as.
again it is said that from amongst the promotees raghubir singh the promotee who joined class i service on 1 may 1964 and had more than 10 years service was number placed in the field of choice.
485/75.
2041/74 r.n.
number 947/74.
number 208/74.
number 900/75.
number 205/74.
this selection list was prepared on the basis of the seniority list approved by this companyrt on 16 april 1974 in bishan sarup gupta etc.
3344/74 and w.p.
thomas in other proceedings.
number 1246/75.
1842/ 74.
