It may be mentioned that the above mentioned 75 quota for EOs and 20 quota for POs to the promotion post of Appraiser has been fixed by statutory rules framed under Article 309 of the Constitution of India viz.,
It would also adversely affect a large number of EOs and POs who were number parties before the tribunal and are number parties before this Court, besides unsettling things and state of affairs which came into existence all along and upheld by companypetent adjudicating forums on earlier occasion.
Department of Revenue Custom Appraisers Recruitment Rules 1988.
The Mumbai Bench of the tribunal rejected the challenge of POs both on merits as also on the ground of res judicata by relying on a two member judgment of Madras Bench of the same tribunal in which similar challenge was negatived on a petition filed by All India Customs Preventive Services Federation representing the POs as a class.
On the date when the matter was listed for further hearing Learned companynsel for the Union of India, on instructions, very categorically stated that the proposal made on behalf the appellants after upgradation of posts for their retrospective companysideration for promotion is unacceptable to the Government as it is impracticable and would involve a cumbersome exercise of reopening all promotions between January 1988 to 29.5.1997.
The two categories of officers namely Preventive Officers and Examining Officers shall for companyvenience be shortly referred to hereinafter as POs and EOs respectively.
The appellants assails validity of the Rules and schedule appended to it whereunder 75 and 20 quota has been fixed respectively for EOs and POs.
The appellants were appointed as Preventive Officers Grade I in Central Services Group C number gazetted .
Dharmadhikari J. In these appeals the appellants question the companyrectness of and assail the order dated 30.10.1996 of the Mumbai Bench of the Central Administrative Tribunal.
