F. No.
These rules were revised on September 5, 1952 by the Government of India, Ministry of Finance, Revenue Division, letter No.
58 3 Ad.
IT150, dated September 5, 1952.
K. Sen, R. Ganapathy Iyer and R. Thiagarajan, for respondents Nos.
E to the writ petition .
A K. Sen, N. S. Bindra, R. Ganapathy Iyer and R. Thiagarajan, for respondent No.
The quota was altered by the Government of India subsequently in their letter dated October 18, 1951 Ex.
The relevant rule, viz.,
Appeal from the judgment and order dated the March 11, 1964 of the Punjab High Court, Circuit Bench at Delhi in Civil Writ Petition No.
The respondent No.
5 OF 1966.
14 and 16 i of the Constitution.
20, 116 and 123.
During the hearing of the appeal we had ordered the Secretary of the Finance Ministry to furnish the number of vacancies which had arisen from year to year from 1945 onwards, the nature of the vacancies permanent or temporary and the chain of vacancies and such other details which are relevant to the matters pending before this Court.
23/5/42 Ests.
dated the 4th July, 1934 regarding companymunal representation in the services and No.
34 appeared in person.
5 and 6.
In this letter the Government of India , said that.
In the letter of the Government of India dated September 29, 1944 Ex.
Recruitment to Class I Grade 11 Service was to be made a by direct recruitment through a companypetitive examination, and b by promotion from Class It Grade III, the ratio prescribed in paragraph 2 d of the letter being 80 by direct recruitment and 20 by promotion from Class 11 Grade III Service, and in case sufficient number of suitable candidates was number available for promotion, surplus vacancies would be filled by direct recruitment.
S dated.
Solicitor General, R. Ganapathy Iyer and Thiagarajan, for respondents Nos.
In the judgment under appeal the High Court has examined the matter and found that the excess number of promotees was 31 for the four years 1951 to 1954.
N. Shroff for L.N. Shroff, for respondents Nos.
they had decided in companysultation.
189 D of 1962.
CIVIL APPELLATE ORIGINAL JURISDICTION Civil Appeal No.
the 11th August, 1943 reg arding representation of Scheduled Castes in the Services and the supplementary instructions companynected the rewith.
1038 of 1965 This appeal is brought, by certificate, from the judgment of the High Court of Punjab dated March 11, 1964 dismissing the Writ petition of the appellant Civil Writ No.
B to the writpetition of the appellant it is stated that the recruitment to Grade 11 of Class I will be made partly by promotion and partly by direct recruitment and that 80 of the vacancies arising in the Grade will be filled by direct recruitment through the Indian Audit and Allied Services Examination and the remaining 20 vacancies will be filled on the basis of promotion by selection provided suitable number of men are available for promotion.
The re organisational scheme provided for recruitment of Income Tax Officers, Class I Grade 11 Service partly by promotion and partly by direct recruitment.
AND WRIT PETITION No.
12, 22, 25, 28, 29, 38, 40, 43, 54, 79, 86, 107 and 117.
with the Union Public Service Commission that for a period of five years, in the first instance, 66 2/3 vacancies in Class 1, Grade 11 will be filled by direct recruitment and the remaining 33 1/3 vacancies on the basis of promotion and any surplus vacancies which cannot be filled for want of suitable candidates will be added to the quota of vacancies to be filled by direct recruitment. ,
The original respondents to the petition were the Union of India, Secre tary to the Government of India in the Ministry of Finance and the Central Board of Revenue respondents 1 to 3.
However, a statement, Ex.
5 of 1966 .
E, was furnished showing the number of officers recruited by the two methods of recruitment to Class I Service during the relevant years UPSC War Officers Exam.
In order to improve the Income Tax administration the Government of India, on September 29, 1944, reconstituted and classified the existing Income Tax Services as Class I and 11.
The Judgment of the Court was delivered by Ramaswami, J. Civil Appeal No.
R. Gokhale, A. S. R. Chari, A. N. Sinha, J. B. Dadachanji, C. Mathur and Ravinder Narain, for the petitioner in P. No.
The appellant appeared in person in C.A. No.
Subsequently, respondents 4 to 126 were added and those are promotees in the Income Tax Service who will be affected by the result of the petition.
Petition under Art.
32 of the Constitution of India for the enforcement of fundamental rights.
V. Gupte, Solicitor General, R. Ganapathy lyer, and Thiagarajan, for respondents Nos.
V. Gupte, Solicitor General, N. S. Bindra, R. Ganapathy lyer, R. H. Dhebar and R. Thiagarajan, for respondents Nos.
The re organisational scheme was set out in Government of India, Finance Department Central Revenues letter dated September 29, 1944 Ex.
S. R. Chari, R. Gopalakrishnan, Bishamberlal Khanna and K. Puri, for intervener.
1038 of 1965.
Gopalakrishnan, Bishamberlal Khanna and H. K. Puri, for intervener.
6, 7, 9, 12 17, 19, 22, 24, 26, 30, 31, 35, 37, 41, 42 50, 52 61, 63, 64, 66, 68 70, 7274, 80, 82 85 87, 91, 95 and 96.
In his affidavit dated January 31, 1967 Mr. R. C. Dutt said that he was number able to work out, in spite of his best endeavours the number of vacancies arising in a particular year.
226 of the Constitution, the appellant, S. G. Jaisinghani, challenged the companystitutional validity of what has been described as the seniority rule in regard to Income tax Service, Class 1, Grade 11 along with the improper implementation of the quota recruitment to that Service as infringing the guarantee of Arts.
G to the writ petition , the rules of seniority were laid down.
Niren De, Addl.
.There has been numberargument, in this case, with regard to the operation of the rule between the years 1945 and 1950, though in the petition the appellant has alleged that in those years also there were excessive recruitments of promotees.
It was also stated in the letter that if there are any vacancies which companyld number be filled by promotion for want of suitable candidates, these will be added to the quota of vacancies to be filled by direct recruitment.
1038 of 1965 .
189 D of 1962.
In his petition under Art.
It created two classes of Income Tax Service, Class I with Grade I and Grade 11 and Class 11 Service with Grade 111.
V. Gupte, Solicitor General, N. S. Bindra, R. Ganapathy Iyer, R. H. Dhebar and R. Thiagarajan, for respondents Nos.
In Government of India, Ministry of Finance Revenue Division letter dated January 24, 1950 Ex.
