BHUWAN RAM AND ORS. Vs. UOI AND ORS.

JUDGEMENT

(1.) THE petitioners in W.P.(C.) No. 4396/2008 challenge an order of the Central Administrative Tribunal (CAT/ Tribunal) dated 17.07.2007 in O.A. No. 1694/2006 (they shall hereinafter be referred to as "the direct recruits"). In the other proceedings, i.e., W.P.(C.) No. 6345/2002, the writ petitioners challenge the correctness of an order of the CAT dated 20.09.2002 in O.A. No. 354/2002 (for the sake of convenience, these petitioners - since they represent interests that are contrary to that of the direct recruits, shall hereafter be referred to as "the promotees").

(2.) THE controversy involved is with respect to the recruitment process which commenced in 1996 -97 pursuant to the amendment, which was effective upon the Central Revenue Chemical Services (CRCS), an organisation which is part of the Central Revenue Control Laboratory (CRCL).

(3.) IN the meanwhile, pending the finalization of the recruitment process, some existing employees approached the CAT by filing O.A. No. 2470/1998 (hereafter "the first proceeding") claiming that the amendment to the recruitment rules were not justified and seeking the quashing of the notification advertising the vacancies in the cadre of direct recruit vacancies. During the pendency of these proceedings, the CAT had directed status quo. Ultimately, O.A. No. 2470/1998 was dismissed on 17.05.1999. The promotees choose to prefer a writ petition being W.P.(C.) No. 3591/1999, which was dismissed on 18.01.2002. On account of pendency of litigation, the direct recruitments which had been, in the meantime, finalized by the UPSC could not be proceeded with. On 15.01.2001, 59 existing employees were promoted as ACEs.