ALL INDIA FEDERATION OF CENTRAL EXCISE ETC. versus THE UNION OF INDIA AND OTHER

Citation: [1996] SUPP. 9 S.C.R. 90 · Decided: 22-11-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
ALL INDIA FEDERATION OF CENTRAL EXCISE ETC. 
v. 
THE UNION OF INDIA AND OTHER 
NOVEMBER 22, 1996 
[K. RAMASWAMY, K. VENTAKATASWAMI 
AND G.B. PATTANAIK, JJ.] 
Service Law-lndia Customs and Central Excise Service Group 'A' 
Rules 1987-ll.ules 18(2), 19(2) and 2()-J'romotion-:Distribution of 
C promotees quota amongst various feeder cadres-Central Government's 
proposal for promotion quota for Group 'B' feeder Cadres comprising Central 
Excise Superintendents Customs (P) Superintendents and Customs Appraisers 
in the ratio of 6 : 1 : 2-Held, just, fair and equitable-However 50: 50 quota 
of direct recmits and promotees in the Group 'A' service directed to be kept 
intact-The 1987 Rules directed to be modified accordingly. 
D 
The constitutional validity of Rule 18(2) of the Customs and Central 
Excise Service Group 'A' Rules, 1987 is challenged by the present writ 
petitions. The feeder cadres for promotion to Indian Customs and Central 
Excise, Group 'A' Services are : 
E 
(a) Superintendents of Central Excise, Group 'B' : 
F 
G 
(b) Superintendents of Customs (p) Group 'B' and 
(c) Customs Appraisers, Group 'B' -
(i) recruited directly through UPSC as 
(a) Non-experts on the basis of All-India Civil Services 
Exam. and 
(b) Experts on the basis of specific requisitions placed with 
the UPSC and : 
(ii) Promoted from the Feeder-cadres of Customs Examiner. 
The Group 'B' posts in the feeder-cadres (a) and (b)· above (i.e. 
Superintendents of Central Excise and Superintendents of Cnstoms(P) are 
H filled 100 percent by promotion. Those in the feeder-cadre(c) above (i.e. 
90 
ALLINDIAFEDERATIONOFC.E. v. U.0.1. 
91 
Customs Appraisers) are filled 50 percent by direct recruitment consisting A 
of (c)(i) above and 50 percent by promotion consisting of (c)(ii) above. 
Prior to the coming into force of the 1987 Rules, promotions to 
Group 'A' posts were given on the basis of the respective cadre strength of 
feeder categories. This manner of filling up the vacancies was challenged 
by a group of officers by filing Writ Petition (Civil) Nos. 4532-33178 in this 
Court. When the 1987 Rules were framed these petitions were disposed of 
on 23.9.1987 with the observation that "the promotions now in dispute, will 
B 
also be looked into with reference to the Rules and re-disposed in accord-
ance with law." The petitioners in W.P.(C) Nos. 306 and 1200 of 1988 
challenged the constitutionality of Rule 18(2) of the Indian Customs and C 
Central Excise Service Group 'A' Rules 1987. The petitioners in W.P.(C) 
No. 1200/88 additionally challenged the list of seniority published on 
22.8.1988 pending disposal of W.P.(C) No. 306/88. The petitioners in 
W.P.(C) No. 1093/90 have prayed for the issne of Writ of Mandamus 
directing the respondents to make promotions strictly in accordance with 
Jaw, namely following Rules 19(2) and ZO of the 1987 Rules and based on D 
the seniority list dated 12.1.1989 and also for certain other connected 
reliefs. The Union of India placed before the Court a communication from 
the Ministry of Finance, Department of Revenue dated 8.6.1989, addressed . 
to the first petitioner in W.P.(C) No. 306/88 in his capacity as Secretary to 
the federation with copies to similar federations/ Association of concerned E 
officers, alongwith which certain proposals were enclosed for resolving the 
disputes pending for a long time. 
Accepting the proposals and disposing of the Writ Petitions on the 
basis of these proposals with certain modifications, this Court 
HELD : 1. The proposal is fair, just and equitable as it has tal<en 
care of the legitimate interests of all the three feeder categories. The 
proposal is therefore, accepted with some modification in para 7 thereof. 
F 
On the basis of the proposal, each bunch of 9 vacancies in the promotion 
quota for Group 'B' feeder cadres will be apportioned in the ratio 6 : 1 : 2 G 
consisting of Central Excise Superintendents, Customs (P) superinten-
dents and Customs Appraisers respectively. [97-A; 100-F-G] 
2. For the purpose of making promotions to Group 'A' separate 
consideration lists of Superintendents of Central Excise on the one hand, 
and Appraisers (both direct recruits and promotees) and Preventive Su- H 
92 
SUPREME.COURT REPORTS (1996] SUPP. 9 S.C.R. 
A perintendents of Customs on the other hand, would be drawn np first on 
all india basis. The Group 'B' Officers of the two feeder-cadres-namely, 
Superintendents of Central Excise and Superintendents of Custo
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