UNION OF INDIA Vs. KISHORILAL BABLANI

JUDGEMENT

(1.) The respondent appeared in the I.A.S. and Allied Services examination in the year 1974. He passed that examination and was placed at S. No. 221 in Category III. Candidates up to S. No. 198 were accommodated in Class I service on the basis of the available vacancies. Since the respondent was at S. No. 221, he was accommodated in Class II service in the Customs Department.

(2.) With effect from 10-11-1976, he was working as Customs Appraiser (Class II) in the Bombay Customs House. In 1983, the respondent made a representation to the effect that in 1974, when the Department of Customs and Excise had notified available vacancies to be filled in by the candidates who qualified at the I.A.S. and allied services examination, the number of vacancies was wrongly intimated. Initially, this Department had intimated 35 vacancies to be so filled in for Class I posts. This figure was finally revised to 40 vacancies. According to the respondent, 97 vacancies should have been so notified in Class I posts in 1974 and not 40. Had the vacancies been correctly notified, he would have been appointed to Class I post in this Department in 1974. The representation which was made in 1983 was rejected on 23-9-1985.

(3.) Thereafter the respondent filed a writ petition before the Bombay High Court, being Writ Petition No. 1933 of 1985 which was transferred to the Bombay Bench of the Central Administrative Tribunal. The Tribunal, by its judgment and order dt. 6-9-94, has allowed the application of the respondent. The present appeal is filed from the said judgment and order of the Tribunal.