D. RAGHU AND OTHERS versus R. BASAVESWARUDU AND OTHERS ETC.

Citation: [2020] 5 S.C.R. 74 · Decided: 05-02-2020 · Supreme Court of India · Bench: SANJAY KISHAN KAUL · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2020] 5 S.C.R.
D. RAGHU AND OTHERS
v.
R. BASAVESWARUDU AND OTHERS ETC.
(Civil Appeal Nos. 1970-1975 of 2009)
FEBRUARY 05, 2020
[SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.]
Service Law – Appellants in C.A Nos.1970-1975 of 2009
(concerning entitlement to promotion to the post of Inspector,
Central Excise) were originally recruited as Data Entry Operators
(DEOs) Grade ‘A’ and working as Data Entry Operators Grade
‘B’ from the year 2000 – Challenged notice dated.05.11.2002
seeking to confine promotion to the post of Inspector to category
of Tax Assistant, Upper Division (UD) Clerk, Stenographer Grade-
II, etc., with certain years of experience – Tribunal directed the
appellants to be considered for promotion to the post of Inspectors
– Challenged by Union of India and official respondents – High
Court set aside the order inter alia holding that Writ Petitioners had
legal right, under the erstwhile 1979 Rules, to be considered for
promotion to the vacancies arising prior to the 2002 Rules which
came to be made w.e.f 07.12.2002 in regard to the post of
Inspector – It also found that it was only when the Senior Tax
Assistant Rules, 2003 (STA Rules, 2003) were made in the year
2003 that the restructuring in the Department, to which the Cabinet
gave its approval on 19.07.2001, came into effect – Regarding
vacancies arising after 07.12.2002, it was left undecided – C.A
No. 1976 of 2009 relates to the right to be promoted to the post of
U.D.Clerk & Tax Assistant in Central Excise Department – High
Court allowed writ petition filed against the Order of the Tribunal
therein and found that promotions to the post of UDC and Tax
Assistant must be effected on the basis of the rights crystallized
under the 1979 Rules, as amended – Held: Promotion to the post
of Inspector was governed by the 1979 Rules till 07.12.2002 –
Under the 1979 Rules, DEOs were not among the feeder categories
for promotion as Inspector – By order dtd.19.07.2001, Cabinet
approved restructuring of certain posts including the post of
Inspector – Thereunder, the post of DEO Grade ‘B’ among other
categories, were merged and the cadre of Senior Tax Assistants
   [2020] 5 S.C.R. 74
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emerged – However, the restructured cadre of Senior Tax Assistants,
did not come into being – It was born with the bringing into force
of the STA Rules, 2003, on 20.01.2003 – Tribunal proceeded on
the basis that the restructuring became complete with the issuance
of order dtd.19.07.2001 – Appellants are not entitled to have
seniority determined in respect of vacancies of Inspector arising
prior to 07.12.2002 – Appellants are eligible to be considered for
promotion from 20.01.2003 and are entitled to add their service
as DEO Grade ‘B’ for the purpose of the 2002 Inspector Rules
and considered for vacancies to be filled by promotion, which arose
after 07.12.2002 – Persons in Clause (a) u/Column 12 of the 2002
Rules, are also entitled to be considered for two years from
20.01.2003 – Seniority is to be considered based on r.5, STA Rules
– Said exercise, if not carried out already shall be carried out –
Further promotions based on the above will be granted – However,
the promotions shall be notional where promotions have already
been effected, entitling the parties to seniority and pensionary
benefits – In C.A. No. 1976 of 2009, no fault is found with the
order of High Court – Central Excise and Land Customs
Department Group ‘C’ Posts Recruitment Rules, 1979 – Electronic
Data Processing Discipline (Group-E Technical Post) Recruitment
Rules, 1992 – Central Excise and Land Customs Department
Inspector (Group ‘C’ posts) Recruitment Rules, 2002 – Central
Excise And Customs Department Senior Tax Assistant (Group ‘C’
Posts) Recruitment Rules, 2003 – Central Excise And Customs
Department Tax Assistant (Group ‘C’ Posts) Recruitment Rules,
2003 – Interpretation of Statutes.
Disposing of the appeals, the Court
HELD: 1.1 ANALYSIS
Though there is case for the respondents that the ban on
restructuring was lifted by letter dated 03.01.2002, such
contention appears to be categorically belied by the prohibition
against filling-up of any vacancy in respect of posts included in
the cadre restructuring, till such time, as further orders are
issued. Though vacancies may have arisen, which could be filled-
up under the 1979 Rules, this appears to be a case where a
conscious decision was taken not to fill-up the vacancies in the
wake of the restructuring pr

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