NDLI: B.s. Murthy & Ors Vs. A. Ravinder Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1979 Service Law — Central Excise and Land Customs Group-C Recruitment Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law — Central Excise and Land Customs Group-C Recruitment Rules, 1979 — Determination of inter-se seniority – Recruitment to the post of Inspectors of Central Excise was from two channels : Direct recruitments and promotion from in service candidates – The ratio between direct recruit inspectors (DRI) and promoted inspector (PRI) was 3:1 – The inter se seniority was governed by an office memo dated 22.12.1959 – In view of the experience, the 1959 OM was changed, another OM was issued, on 07.02.1986 – Five promoters promoted in 1983-1984 filed an application challenging the inter se seniority list dated 08.07.1985 on the ground that the length of their continuous service was not taken into consideration while fixing seniority – CAT directed the department to recast seniority in accordance with the 1986 OM – CAT referred the batch of matters to a Full Bench, on the issue as to whether 1986 OM was prospective or retrospective – Full Bench by its order clarified that 1986 OM only operated prospectively from 1.3.1986 – Based on the findings of tribunal seniority list of 1993 was quashed – The cadre controlling authority circulated a tentative seniority list on 01.01.2022 which was finally published on 7.8.2002 – The list was challenged by PRI and the CAT allowed the applications and set aside the seniority list – Central government and DRI filed writ petition before the High Court – High court held that the vacancy register had no relevance for the purpose of promotion of in-service candidates and such promotions could be only in proportion to the quota, based on indents placed by the department with staff selection Board for direct recruitment – Length of continuous service cannot be counted for the purpose of seniority – It upheld the impugned seniority list dated 22.07.2002 – In appeal by PRIs, the main issue was regarding the application of Clauses 4 and 5 of the OM of 1986, whether the ratio of the PRIs has to be drawn with respect to the indented vacancies for DRIs – Held: No appointee from any one channel (direct recruits or promotees) can lay claim to seniority from a date before her or his appointment – Para 5 of the 1986 OM was meant to cater to a contingency that is of underreporting direct recruit vacancies to the public service commission which resulted in an unfair advantage to promotees who would “steal a march” over such direct recruits, appointed later – It was in such contingencies, that is, of under-reporting vacancies, that the consequence of deeming promotions to be adhoc could be resorted to – Materials on record indicate that promotional vacancies did exist, at the relevant period, there was a ban on direct recruitment – During that period, no requisitions were made to the SSC for filling direct recruit vacancies – However, High Court was wrong in concluding that by virtue of Para 5 of the 1986 OM the promotion made during the same period has to be treated as in excess of the quota, because they were not in proportions to the requisition for direct recruitment – This view taken by the High Court is fallacious and it equates executive policy of not filling vacancies, due to financial or other compulsions with deliberate underreporting – In the Instant case, the direct recruitment through the SSC was not resorted to because of a ban, and not due to underreporting – Thus the contingency envisaged under Para 5 never arose – Not only the were promotions made within the quota, and were regular, there were regular vacancies, within the promote quota – No excess promotions took place during the period 1983 and 1991 – Indents/requisitions placed with, the SSC for the recruitment of DRIs were for a part of the vacancies and not for the exact 75% of the actual vacancies available in each year – The date of appointment of direct recruits the date for counting seniority – It is not from the date of receipt of the dossiers from the recruiting authorities or the date of recommendation – Resultantly seniority of direct recruits appointed after 01.03.86 has to be revised only from the date of their respective appointments but not earlier to 01.03.1986 as was done in the impugned seniority list – Those promoted ad hoc basis in any year in the vacancies available to them were eligible for seniority from the date of their continuous officiation, if – they were promoted within their eligible quota of that year under the Recruitment Rules – The consequential action, by way of drawing and publishing a final seniority list, in accordance with the present findings, shall be completed within three months.
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2022 INSC 305
Petitioner	B.s. Murthy & Ors
Respondent	A. Ravinder Singh & Ors.
SCR	[2022] 19 S.C.R. 1
Judgement Date	2022-03-15
Case Number	3968

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