| Headnote |
Service Law— Inter se seniority - Promotion — Customs and Central Excise Department — A separate cadre was constituted, out of the existing ministerial cadre, for discharging electronic data processing responsibilities — After the computerization project was fully implemented, the separate cadre so created, was sought to be re-amalgamated with the existing ministerial cadre — The bifurcation and re- amalgamation, resulted in a co-incidental career advancement, for those who had accepted to break away from the original ministerial cadre — Controversy on account of reconstitution of cadres — Seniority dispute amongst employees — Held: Chances of promotion do not constitute a condition of service — in that view of the matter, the High Court erred in recording its eventual determination on the basis of the fact that the promulgation of the TA Rules, 2003 and the STA Rules, 2003 was discriminatory and arbitrary with regard to the fixation of the inter se seniority, since the same seriously prejudiced the chances of promotion of the erstwhile members of the ministerial cadre, namely, those members of the original ministerial cadre, who had not opted for appointment/absorption into the cadre of Data Entry Operators, with reference to and in comparison with, those members of the original ministerial cadre who had opted for appointment/absorption into the cadre of Data Entry Operators — On facts, consequent upon the merger of posts, upon promulgation of the TA Rules, 2003, and the STA Rules, 2003, the nature and duties of the two cadres were combined — There was no serious difference between the two merged cadres, either on the issue of nature of duties, or on the subject of powers exercised by the officers holding the post, or the extent of territorial or other charge held, or responsibilities discharged by them, or for that matter, the qualifications prescribed for the posts — On account of the aforesaid, the merger of the cadres, and the determination of the inter se seniority on merger, were justifiably determined, on the basis of the different pay-scales of the cadres merged, under the TA Rules, 2003 and the STA Rules, 2003 — By the mandate of the above Rules, all posts in equivalent pay- Scales were placed at the same level — Posts in the higher scale of pay, were given superiority on the subject of inter se seniority, with reference to posts in the lower scale of pay — The above determination, at the hands of the rule framing authority, cannot be termed either arbitrary or discriminatory — The provisions of Rule 4 of the TA Rules, 2003 and Rule 5 of the STA Rules, 2003, cannot be faulted on the touchstone of Arts. 14 and 16 of the Constitution — Appeals filed by those who moved to the cadre of Data Entry Operators from the - ministerial cadre, and were thereupon amalgamated in the cadre of Tax Assistants/Senior Tax Assistants, allowed — Authorities to give effect to Rules 4 and 5 of the TA Rules, 2003 and the STA Rules, 2003, respectively, without any further delay — Central Excise and Customs Department Tax Assistant (Group ‘C’ Post) Recruitment Rules, 2003 (TA Rules, 2003) — Central Excise and Customs Department Senior Tax Assistant (Group ‘C’ Post) Recruitment Rules, 2003 (STA Rules, 2003) — Constitution of India, 1950—Arts. 14 and 16. Service Law — Promotion - Chances of promotion — Held: Chances of promotion do not constitute conditions of service, and as such, mere alteration of chances of promotion, would not per se call for judicial interference — However, the above general proposition would not be applicable, in case the chances of promotion are altered arbitrarily, or on the basis of considerations which are shown to be perverse or mala fide. |
