UNION OF INDIA Vs. S NEETHISOLAN

JUDGEMENT

(1.) THE present writ petition is directed against the order dated 23.11.2005 passed by the Central Administrative Tribunal (in short "Tribunal") in O.A.No,614 of 2004, where under the Tribunal has set aside the Central Excise and Customs Department Lower Division Clerk Recruitment Rules, 2002 (hereinafter referred to as "2002 Rules").

(2.) SUCH Original Application was filed by the present Respondents 1 to 5 claiming the following reliefs :-

(3.) IN the reply affidavit filed before the Tribunal, it was contended by the Department that as per the old Recruitment Rules of the year 1979, which was amended on 19.10.1991, the Launch (Group 'D') staff were not specifically mentioned as feeder category for promotion to the post of LDC and they were not eligible to be promoted as such and they had their own hierarchal structure. After Cadre Restructuring the cadre of LDC has merged with Tax Assistant and 717 posts were retained to provide Group 'D' staff. As per the new recruitment rules, which were again amended in 2004, the post of LDC is to be filled 100% by promotion from the grade of Sepoy, Havaldar, Record keeper and Gestetner Operator and the Launch (Group 'D') staff does not come within such category and they were not eligible for promotion to the post of LDC and they had their own promotional channel.