S. A. GOVINDARAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner was at the relevant time the Additional Collector of Customs, Cochin. He was one of the candidates for All India Combined Competitive Examination held in September 1958. As a candidate he was required to indicate his order of preference for the various services for which the examination was held. The Petitioner indicated his preference for (1) The Indian Railway Service, and (2) The Indian Customs and Excise Service. His first preference was therefore the Indian Railway Service. The Petitioner was one of the successful candidates. He was considered for the Railway Service but was unfortunately declared medically unfit for the reason that his chest measurement was deficient by half -an -inch. He was, however, found fit medically for the Indian Customs and Excise Services and was accordingly nominated to that service as shown in Ext. R -7 dated 13th September 1959. At the time of examination, although the Service was designated as the Indian Customs and Excise Service, the two wings - -Customs and Excise - -had not been integrated as one, and they were treated as independent units. Candidates who passed the examination and were chosen for Customs and Excise Service were allotted either to the Customs or to the Excise Wing. It was only on 15th August 1959 that the two wings were integrated into one service called the Indian Customs and Central Excise Service Class I (See Ext. P -2 dated 12th May 1959). There arose a dispute as to whether the integration took place on 15th August 1959, as declared by the President in his Resolution dated 12th August 1959 (Ext. R -2), or as subsequently ordered by the Government by Ext. P -3 dated 7th April 1970 according to which the integration took place with effect from 1st April 1959. This doubt was resolved by the Supreme Court in S.N. Kharkhanis and Ors. v. Union of India and Ors. : A.I.R. 1974 S.C. 2302. The Court stated that the integration took place on 15th August 1959, as ordered by the President, and not on as earlier date. The decision of the Supreme Court was rendered at the instance of six persons. These six persons had appeared for the examination along with the Petitioner and had been nominated to the Customs and Excise Service. They were immediately senior to the Petitioner according to the ranks assigned to them in the list of successful candidates prepared by the Union Public Service Commission.

(2.) EXT . P -3 contains the principles on which the integration of the two wings was effected. It refers to the ratio on the basis of which the promotees and the direct recruits were absorbed into the integrated service. Under that ratio 7 vacancies existed for absorption of the direct recruits. Of the 7 persons who were originally nominated for these posts one person viz., Shri Meenakshisundaram decided not to join the service. That vacancy was offered to the Petitioner by nominating him to that service as per Ext. R -7 dated 12th September 1959. Ext. R -8 dated 3rd October 1959 is the formal offer made to him. Ext. R -10 dated 13th November 1959 is the notification regarding the appointment and posting of the Petitioner.

(3.) THE question which arises is whether the Petitioner was a member of the existing Class I Officers on the date of Ext. R -2. If the answer is in the affirmative, the Petitioner is one of the persons entitled to be absorbed into the Service as on the date of the integration, viz., 15th August 1959.