ASHOK KUMAR SAWHNEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question which falls for determination in this petition under Art. 32 of the Constitution of India praying for the issuance of appropriate writs quashing the letter dated 16th of March, 1979, by which the representation Made by the petitioner against the seniority assigned to him in the cadre of Income-tax Officers, Class I was rejected and he was informed that the seniority list forming an appendix to Annexure '1' had been correctly framed in accordance with the rules then in force.

(2.) The answer to the question posed by the petition has to be answered with reference to Rules 4, 6 and 8 of the Released Emergency Commissioned Officers and Short Service Commissioned Officers (Reservation of Vacancies) Rules, 1971 (hereinafter called the Rules). The relevant part of Rule 4 (1) reads thus :

(3.) Mr. Abdul Khader appearing for the Union of India has contested the interpretation just above placed by us on sub-rule (3) of Rule 6, According to him that interpretation makes the sub-rule retrospective in operation, which it is not. We agree that the sub-rule is intended to be prospective only and that the above interpretation would be operative only after the date on which the sub-rule was promulgated and not before that. But then that means that every seniority list prepared afterthe date of the promulgation of the sub-rule would be governed by it. Similarly, every promotion made and every question relating to seniority cropping up after the date of the promulgation of the sub-rule (which is 28th Aug,, 1971) shall be determined according to that sub-rule. No question of retrospectivity of the sub-rule is thus involved. Of course, the inter se seniority of officers of the cadre prevailing up to 28th Aug. 1971 had to be determined under the rules as they existed before that date and any promotions made earlier to that date would continue to be good if made in accordance with those rules. However, the position changed with the promulgation of the Rules and any promotion made thereafter, has to conform to them.