F ROY CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is filed challenging the judgment and order dated 09.09.2004 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in Original Application No.529 of 2002. Under the impugned judgment and order, the Tribunal dismissed the application of the petitioners which was challenging promotions of respondent Nos.4 to 116.

(2.) Before the Tribunal, it was the case of the petitioners that the petitioners who were discharging their duties as Inspectors in the Customs and Central Excise Department as direct recruits or by promotion between 1991 to 1995, belonging to general category, formed feeder cadre for the post of Superintendent.

(3.) Learned Senior Advocate for the petitioners contended that considering the total posts of Superintendent available from the post of Inspectors being feeder cadre, as on date, 279 persons belonging to Scheduled Caste and Scheduled Tribe category are promoted, thereby taking their percentage to 43% as against the reserved quota of 22.5%. It is submitted that the Department has also not considered the fundamental issue that the private respondents, who were appointed or promoted to the post of Inspectors (feeder cadre), such private respondents were not entitled to promotions to the post of Superintendent as reserved candidates, as said persons cannot avail benefit of reservation again for the purpose of accelerated promotion.