S.K. BHANDARI Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) The petitioners, who were working as Clerk and Steno-typist in the office of Deputy Commissioner, Chandigarh were appointed as Taxation Inspectors in the Excise and Taxation Department of U.T. Chandigarh on March 9, 1984 (copy of the order at Annexure P-1). On September 20, 1997, the Chandigarh Administration vide circular issued by the Finance Secretary, Chandigarh reorganised the Excise & Taxation Department. All the Assistant Excise and Taxation Officers were designated as Excise and Taxation Officers (in short E.T.O.); meaning thereby that thereafter there was no cadre of Assistant Excise and Taxation Officers. The posts of Assistant Excise and Taxation Officers used to be filled under the statutory rules known as Punjab Excise and Taxation Department (State Service class III-A) Rules, 1956 (hereinafter referred to as the class III-A Rules). Rules 5 and 6 of class III-A Rules were in the following terms:-

(2.) As per the averments, the official respondents were filling the posts of E.T.Os. by having the people on deputation but were not considering any person for promotion to the said post. Only in the year 1983 and 1885, four vacancies were filled by promoting the members of the ministerial staff or Excise and Taxation Inspector. The petitioners filed OA No. 560-CH-1993 before the Central Administrative Tribunal, Chandigarh, inter alia with a prayer that the official respondents should be directed to fill the post of E.T.Os. by promotion and not way of deputation. By an interim order, the Tribunal gave the following directions on June 17, 1993:-

(3.) The O.A. was allowed vide order dated May 17, 1994, copy annexure P-6. The Tribunal while deciding the case relied on class III-A Rules, which were applicable for recruitment to the post of A.E.T.O. Perhaps considering that since cadre of A.E.T.O. did not exist any more and all posts had been converted into E.T.O., the same very Rules, which were for recruitment for the post of A.E.T.O., would not be applicable to recruitment to the post of E.T.O. Para 6 of the judgment of the Tribunal dated May, 17, 1994, reads as under:-