UNION OF INDIA Vs. VASANTJAYARAMKARNIK

JUDGEMENT

(1.) Vasant Jayaram Karnik - hereinafter called 'Karnik' - moved before the High Court of Gujarat a petition praying for an order quashing the "list of seniority" of Assistant Commissioners of Income-tax framed by the Government of India "as of August 1, 1965, in which he was placed below twenty-nine named Officers (who will hereinafter be referred to collectively as respondents 6 to 34). He claimed that thereby he was denied the guarantee of equality of employment or employment to an office under the Union under Article 16 (1) of the Constitution. The High Court of Gujarat upheld his contention and issued a direction requiring the Union of India to determine the seniority of Karnik and other officers in the cadre of Assistant Commissioners of Income-tax in accordance with the law.

(2.) A public servant placed in the list of seniority in a cadre or grade where selection for promotion to the next higher grade is on the "basis of seniority-cum-merit" is entitled, on the plea that the list is contrary to the rules governing seniority, to claim relief on the footing that he is denied equality of opportunity in matters relating to employment.

(3.) Prior to September 1944, officers of the Income-tax Department were placed in two classes. In class I were placed Commissioners of Income- tax and Assistant Commissioner of Income-tax:in Class II were placed Income-tax Officers Grade I, Grade II and Grade III. In September 1944 the service was reorganised and the Commissioners of Income-tax Assistant Commissioners of Income-tax and Income-tax Officers Grade I and II were placed in a new Class I; and the Income-tax Officers Grade III were placed in a new Class II. On reorganisation of the service some Income-tax Officers of the former Class II service were promoted to the new Class I. Those promotions were not strictly based on seniority, but on their performance in the former Class II service.