P C SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are Assistants in Grade IV (Class II Non-gazetted) of the Central Secretariat Service (briefly the Service) and have been working in the various Ministries of the Government of India. They were appointed as Assistants during the period between 1944 and1954. Their next promotional post is now that of Section Officer (Class II, Gazetted). They have raised in this Writ Petition the question of their seniority and challenged the validity of the Office Memorandum of 7th September, 1971, issued by the first Respondent fixing zones for promotion to the grade of Section Officer on the basis of ranks assigned in the Civil List of 1962 for the grade of Assistant on the ground of being in contravention of the Office Memorandum of June 22, 1949, of the Ministry of Home Affairs. They also challenge the validity of Rule 18 (1) of the Central Secretariat Service Rules, 1962 (briefly the Rules) in so far as it is construed to protect the seniority determined prior to the commencement of the said Rules in violation of the Office Memorandum of June 22, 1949. The petitioners allege that the Government have not followed any consistent principle or rule in regulating the seniority of the Assistants. It is said the first Respondent prepared lists of officers in the Assistant's' Grade by different combination of classifications, such as initial constitution, regular temporary establishments, non-test category, first test category, second test category, hard cases category, displaced persons, direct recruits, etc, and effected promotions in utter disregard of the dates of confirmation. The first Respondent appointed a large number of persons as Assistants by direct recruitment and many of those appointed after the petitioners have been confirmed in the grade and have since been, promoted to the next higher grade of Section Officer, According to the petitioners glaring instance of arbitrary action is the assignment of en bloc seniority to persons appointed by direct recruitment in 1956 exceeding 800 in number who have been assigned seniority over all the petitioners appointed as Assistants long prior thereto. Such instances were there also in 1958 and 1959.

(2.) In retrospect, on July, 19, 1948, the Government framed a scheme known as the Central Secretariat Service (Re-organisation and Reinforcement) Scheme (briefly the scheme). It constituted four grades in the Service, namely, Under Secretary (Grade I), Superintendent (Grade II), Assistant Superintendent (Grade III) and Assistant (Grade IV). The Scheme was, however, not implemented until November 1951. Under para15 of the Scheme, the authorised permanent strength of the Service will be fixed by the Ministry of Home Affairs with the concurrence of the Ministry of Finance. It was recognised therein that "it is essential from the point of view alike of economy and efficiency that as large a proportion as possible of the members of the Service should he recruited on a permanent basis. A flexible system of fixation of Authorised Permanent Strength will therefore be followed...... should be reviewed once in every three years". It is also mentioned in the same paragraph that "if as a result of any such triennial refixation the Authorised Permanent Strength is reduced, effect should be given to such reduction by equivalent reduction in the following triennium of the rate of direct recruitment to the Service and Promotions from grade to grade....." It is also particularly mentioned in the said paragraph that "the rights of members appointed to the service on a permanent basis will not be prejudiced by any revision of permanent strength, effected subsequent to such appointment".

(3.) Under paragraph 19 of the scheme, after the Authorised Permanent Strength of the service is determined, the initial constitution of the service will be undertaken, and, inter alia, appointments to Grade IV will be completed within thirty months. Under para 25 of the scheme, the mode of constitution of Grade IV is as follows:-