AFHQ/ISOS SOS (DP) ASSOCIATION & ORS. versus UNION OF INDIA & ORS.

Citation: [2008] 2 S.C.R. 1183 · Decided: 19-02-2008 · Supreme Court of India · Bench: H.K. SEMA · Disposal: Case Partly allowed
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Judgment (excerpt)

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[2008) 2 S.C.R. 1183 
AFHQ/ISOs SOs (DP) ASSOCIATION & ORS. 
A 
-
';.. 
II. 
I 
UNION OF INDIA & ORS. 
(Civil Appeal No. 1384 of 2008) 
' 
FEBRUARY 19, 2008 
-
B 
(H.K. SEMA, ALTAMAS KABIR AND 
LOKESHWAR SINGH PANTA, JJ.) 
Service Law: 
Armed Forces Headquarters Civil Service Rules, 1968 c 
-"' 
- Rule 16, Schedule Ill - Promotion of Assistants to the grade. 
of Assistant Civilian Staff Officers - Direct recruits and 
promotees regularly appointed/promoted within their 
respective quota - Inter se seniority between - Determination . 
of - Held: Is on basis of length of continuous officiation in the · D 
grade of ACSO from their respective appointment to 
substantive vacancies within their quota - On late induction of 
direct recruits, quota reserved for them does not lapse nor 
quota rule breaks down - Continuous officiation in service 
without break gives them benefit of seniority - But, when 
E 
recruitment is from two sources and quota is prescribed, person 
from one source cannot take benefit available to other source 
within quota - Promotees who have been promoted within their 
quota of 75% under the Rules would get benefit of continuous 
officiation from the date of their substantive appointment to 
.F 
"' 
the substantive post - Those appointed temporarily from the 
cadre of Assistants to that of Assistant Civilian Officers 
temporarily would not get benefit - They would be reverted 
when nominees join from UPSC. 
In year 1968, the Armed Forces Headquarters Civil G 
Services Rules, 1968 were framed and service were 
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classified in various grades like Assistant Civilian Staff 
Officers (ACSOs) and Assistants etc. The relative seniority 
of Direct Recruits and promotees was to be regulated in 
1183 
H 
1184 
SUPREME COURT REPORTS 
[2008] 2 S.C.R. 
A accordance with the provision made in the Third 
Schedule of the Rules. 
The respondents-Union of India published seniority 
list of 1977 based on the principle of ante-dated seniority 
of ACSOs Direct Recruits (OR). Some of the ACSOs 
8 Departmental Promotees (OP) filed writ petition titled as 
MG Bansal v. UOI on the ground that quota rule was 
applied discriminately without having regard to the 
appointed service and the DR who joined later were made 
senior to promotees ACSO who were regularly promoted 
C earlier to OR. The tribunal by order dated 20.11.1992 held 
that the determination of seniority of promotees and direct 
recruits on basis of quota and rota is valid; that there was 
no breakdown of quota prescribed in the rules; and that 
the seniority between direct recruits and promotees 
D regularly appointed/promoted within their respective 
quota was to be determined on basis of length of 
continuous officiation in the grade of ACSOs. 
The respondents-Union of India started splitting up 
vacancies from year 1992 and prepared two separate 
E · select list for each year retrospectively for the grade of 
ACSOs. Prior to implementation of the order in MG 
Bansal's case, in 1995 draft seniority list was issued based 
on the principle of carrying forward of slots and ACSO 
(ORs) were given about 10 to 15 years seniority even 
F when they were not holding any office in service. AR and 
others-ACSOs (DPs) filed application titled as Smt. Ammini 
Rajan and Ors. v. UOI challenging the Select List of 
Assistants for promotion to the grade of Assistant Civilian 
Staff Officers from 1977 to 1982 and also the Seniority List 
G of ACSOs for the years 1988-89 and 1989-90 for promotion 
to further grade of Civilian Staff Officers (CSOs) since it 
was contrary to the directions of the Tribunal in MG 
Bansa/'s case and in violation of AFHO Civil Services 
Rules, 1960. The tribunal disposed of the matter by order 
H dated 01.04.2002. It directed that the seniority between 
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AFHQ/ISOS SOS (DP) ASSOCIATION & ORS. v. UNION 
1185 
OF INDIA & ORS. [LOKESHWAR SINGH PANTA, J.] 
direct recruits and promotees regularly appointed/ A 
~ 
promoted within their respective quota was to be 
determined by counting the length of continuous 
officiation in the grade of ACSO from their respective 
appointment to substantive. vacancies. AFHQ (DRs) Civil 
Service Officers' Association and Union of India filed B 
separate writ petition challenging the order of the tribunal 
·~ 
in Smt. Ammini Rajan's case which were allowed by order 
dated 14.11.06. The order of the Tribunal was set aside 
directing that the seniority would be determined in 
accordance with the judgment of the tr
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