NARENDER CHADHA & ORS. versus UNION OF INDIA & ORS.

Citation: [1986] 1 S.C.R. 211 · Decided: 11-02-1986 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Disposed off

Cited by 7 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

211 
NARENlll!R CllAllllA & ORS. 
v. 
UNION OF INDIA & ORS. 
FEBRUARY 11, 1986. 
(0. CHINNAPPA REDDY & E.S. VENKATARAMIAH, JJ.] 
Constitution of India, 1950 - Articles 14 and 16. 
Indian Economic/Indian Statistical Service Rules, 1961. 
Direct recruits and promotees - Promotees holding posts 
in Grade IV of Service in deliberate breach of quota rules 
continuously for 15 to 20 years on temporary/ad hoc basis 
Fixation of inter se seniority - Whether to be placed 10'4er in 
seniority list to direct recruits entering service after such 
promotees -
Quota rule -
Not maintained -
Rules confer 
relaxation power on Government - Whether relaxation of quota 
rule to be assumed. 
The Indian Economic Service Rules, 1961 and the Indian 
Statistical Service Rules, 1961 were notified on November 1, 
1961. These Services were constituted with effect .from that 
date by encadering numerous posts carrying economic and 
statistical functions in various ministries of the Government 
of India. Both the Services have Grade I, Grade II, Grade III 
and Grade IV posts and Officers of Grade I to Grade IV are 
classified as Class-I Officers. The authorised permanent 
strength of each of the Services is to be fixed by the 
Controlling Authority, constituted under Rule 6, in accordance 
with the Rules. Under Rule 7, the Union Public Service 
Commission was required to constitute a Selection Committee to 
determine the suitability of departmental candidates for 
appointment to the different grades and to prepare an order of 
preference for each grade for the initial constitution of both 
the Services. On receipt of the Committee's report, the 
Commission was required to forward its recommendati<ins to the 
Government. The departmental candidates who were not absorbed 
at the initial constitution of the Service were given the 
opportunity to apply for future vacancies. Future maintenance 
of the two Services is governed by Rule 8. 
A 
c 
D 
E 
F 
G 
H 
A 
B 
c 
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212 
SUPREME COURT REPORTS 
[1986] 
1 ·s.c.R. 
After the initial constitution of the two Services was 
completed it was found that a number of posts carrying 
economic/statistical functions could not be considered for 
inclusion in the officers' Grades. Further as the process of 
formation of the two Services was prolonged for a number of 
years and the need for appointing more officers in various 
Departments during that long period also arose gradually, 
several posts carrying economic/statistical functions were 
created. Although Rule 8 provided that not less than 75 per 
cent of the vacancies in Grade IV should be filled up by 
direct recruitment through an open competitive examination to 
be held by the Union Public Service Comnission in the manner 
prescribed in Schedule II to the Rules and it further provided 
that not more than 25 per cent posts of the vacancies in that 
Grade should be filled by selection from S100ng officers 
serving 
in 
the 
offices 
under 
the 
Government 
in 
Economic/Statistical posts recognised for that purpose by the 
Controlling Authority, no direct recruitment was resorted to 
till about the year 1968. In the meanwhile, a large number of 
persons in the feeder posts were appointed to the posts in 
Grade IV from time to time from the year 1962 onwards although 
the orders promoting them stated that they had been promoted 
only temporarily. Undisputedly, all those promotees have been 
holding those posts continuously till now without being 
reverted to the feeder posts from which 
they had 
been 
promoted. Some have been retired from those posts. 
Thus the prescribed quota of appointment from the two 
different 
sources 
was 
not 
maintained 
right 
from 
the 
commencement of the constitution of the Services. After 
completion of the initial constitution of the two services 
under Rule 7, Rule 7A was added and subsequently amended. Rule 
7A made special provision regarding certain departmental 
candidates who were to be absorbed in the two Services. 
Between the years 1964 to 1984 in all there were 435 
vacancies for direct recruitment in the Indian Economic 
Service out of whic~ only 342 posts were filled up by direct 
recruitment. Ollt of 93 remaining unfilled posts most of them 
were held all along by persons promoted from the feeder posts. 
In tha Indian Statistical Service as against a total of 303 
vacancies meant for direct recruits between the years 1964 to 
1984 only 275 direct recruits were appointed. The remaining 
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