OM PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a straight fight between the direct recruits and departmental promotees. They fight on the question, of seniority. Both are members of Indian Foreign Service (Branch 'B')- The respondent, Union of India, have fixed the seniority of these five appellants who are direct recruits and the respondents Nos. 3 to 121 who are departmental promotees according to the date of their recruitment irrespective of the fact whether they belonged to one class or the other. The direct recruits contend that their seniority should be fixed on the basis of (1) quota of 25 per cent reserved for them in the service, and (2) on the principle of rotation of 3:1. This means that after every three departmental, promotees one direct recruit will get confirmation in the list of seniority.

(2.) The Ministry of External Affairs of the Government of India published a list of seniority of promotees and direct recruits on 8th August, 1971 prepared on the basis of the date of recruitment. The direct promotees challenged the fixation of seniority as made by the Government in that list. They brought a writ petition in 1971. A learned single judge of this court dismissed the petition on February 16, 1973. From his decision this letters patent appeal has been brought.

(3.) It is necessary to set out in brief outline the history of the Service. The Service was constituted on 1st August, 1956 by amemorandum issued by the Government of India, Ministry of External Affairs entitled as the Initial Constitution of Indian Forgin Service, Branch 'B'1956, Recruitment to theServie is made from two surces, that is,(1) departmental promotees and (2) direct recruits.