BENGIA MACK Vs. UNION OF INDIA

JUDGEMENT

(1.) THE basic challenge made in the writ petition is in respect of an amendment brought to the Recruitment Rules in question providing percentage of quota of reservation in respect of two groups in the feeder grade.

(2.) THE facts are not disputed. The petitioners numbering 38 are all working as Supervisors under the respondents. Their next promotional avenue is to the post of Child Development Project Officer (CDPO ). The Recruitment Rules with which the present proceeding concerned is called "child Development Project Officer (Group B Post) Recruitment Rules, 1995. As per the Recruitment Rules, the post of CDPO is to be filled up 50% by direct recruitment and remaining 50% by promotion from amongst the officers of feeder group such as Supervisor, Statistical Assistant, etc. By the impugned amendment brought by the Annexure-D, notification dated 9. 1. 2004, as against 50% of promotional quota, 70% has been reserved for the Supervisors and the remaining 30% for the Statistical Assistants. For both the categories minimum eight years of regular service in the substantive grade has been prescribed which before the amendment was seven years for both the categories. The petitioners who are working in the substantive grade of Supervisor are aggrieved by the prescription of quotas, i. e. 70% and 30% against 50% of promotion quota for the Supervisors and the Statistical Assistants, respectively. According to them, this prescription of 30% quota for the Statistical Assistants will tell upon their promotion prospects.

(3.) ON an earlier occasion, the petitioners had approached this Court by filing a writ petition being W. P. (C) No. 407 (AP)/2004 which was disposed of by order dated 16. 12. 2004 providing disposal of the representation submitted by the petitioners before the authority making grievance against the aforesaid amendment brought to the Recruitment Rules.