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1997(5) Supreme 327
SUPREME COURT OF INDIA
(From CAT, Jabalpur)
K. Ramaswamy and G.T. Nanavati, JJ.
Union of India & Ors. -Appellants
versus
N.R. Banerjee & Ors. -Respondents
Civil Appeal Nos. 16986-87 of 1996
(Arising out of SLP (C) Nos. 22692-93 of 1996)
Decided on 16-12-1996
Counsel for the Parties :
For the Appellants : Altaf Ahmad, Additional Solicitor General, N.N. Goswami, Sr. Advocate, Mrs. Anil Katiyar and T.V. Ratnam, Advocates.
For the Respondents : K.M. Reddy, Sr. Advocate, S.K. Mehta, Dhruv Mehta, Razlin Anam, and Ms. Monita Jairath, Advocates.
Held that the authorities are required to anticipate in advance the vacancies for promotion on regular basis including long term deputation posts and additional posts created and then to take the action plan in finalising the A.C.Rs. preparation of the select list and place necessary material before the DPC for consideration of the candidates within the zone of consideration, as are found eligible for the relevant year/years. (Para 9)
Further held that the claims of the candidates eligible have to be considered for promotion objectively and dispassionately, with a sense of achieving many-fold purpose (1) affording an opportunity to an incumbent to improve excellence, honesty, integrity, devotion to public duty; (2) inculcating discipline in service; (3) afford opportunity to every eligible officer within zone of consideration for promotion to higher post or officer; and (4) ensuing that the Committee regularly meets and considers their claim objectively, impartially with high sense of responsibility in accordance with the procedure and finalisation of the list in advance so as to fill up vacancies arising in the year from the approved panel without any undue delay. They are the salutory principles, purpose and the policy behind the above rules and the Government should follow them. (Para 11)
The preparation and finalisation of the yearly panel, unless duly certified by the appointing authority that no vacancy would arise or no suitable candidate was available, is a mandatory requirement. If the annual panel could not be prepared for any justifiable reason, yearwise panel of all the eligible candidates within the zone of consideration for filling up the vacancies each year should be prepared are appointment made in accordance therewith. (Para 12)
Consequently held that the material furnished before us would indicate that action was taken on December, 22, 1993 by the Ordinance Factory Board and circulated for action to be taken by the Government and thereafter the Union Public Service Commission was consulted. Action taken on this material should have been taken much earlier to the date on which it was taken since they knew that four members were due to retire in August, September, October 1994 and March 1995. These were anticipated vacancies likely to arise on permanent basis and promotion to them was to be made on regular basis. In other words, they were all clear vacancies. So they were to be finalised before April 1994 and the confidential reports should have been approved before 31st March 1993 and all eligible candidates within the zone of consideration as on the date of DPC were entitled to be considered. The direction given by the Tribunal referred to above is clearly in accordance with the procedure indicated hereinbefore. Therefore, we do not find that the orders are vitiated by any error of law warranting interference. (Para 13)
ORDER
Leave granted.
2. These appeals by special leave arise from the orders of the Central Administrative Tribunal, Jabalpur Bench, made on August 14, 1996 in OA Nos. 219/95 and 237/96. The controversy involved relates to promotion to the post of Senior General Manager in the Indian Ordinance Factories under India Ordinance Factories Services Rules. The question for consideration is : as to when the vacancies in the above posts would arise? The grade and scale of pay for the said post is Rs. 3700-8000/-. For the year 1994-95, panel of successful candidates was required to be prepared. According to the appellants, there were no clear vacancies as on April 1994. Four members in the above grade were to retire in that year. Proposal for filling up the ensuing vacancies from Ordinance Factory Board was sent to the Ministry on December 22, 1993. The Ministry had communicated to the Union Public Service Commission its approval on February 8, 1994. A.C.Rs. of the eligible candidates were approved on August 16, 1994 and the incumbent members joined as members of the Board on August 22, 1994, September 03, 1994, October 6, 1994 and March 1, 1995. Consequently the D.P.C. met on March 15, 1995 for selection of Officers to fill up the four vacancies.
3. On this factual matrix, it is contended for the appellants that the crucial date for the D.P.C. meeting for selection should be April or May 1995 for selection of candidates to fill up the vacancies of the year 1994-95. The A.C.Rs. recorded of all the candidates falling within the zone of consideration and approved by the Government, as on March 31, 1994, are required to be looked into and merits adjudged. The Tribunal, therefore, was not right in directing the Government, to ignore the A.C.Rs. for the year 1994 and consideration of the candidates eligible by then upto March, 1993. The D.P.C. was to be constituted as on April 1, 1994. Resultantly, the direction were given in paragraphs 25 and 28 for consequential action. Shri Altaf Ahmed, learned Additional Solicitor General, contends that the view of the Tribunal is not correct in law. As per the procedure, preparation of the panel of candidates for consideration by the D.P.C. to fill up the clear vacancies as on April 1994 is necessary. A.C.Rs. are prepared on the basis of the performance during financial year which would be October 1 of the year. In this case, the A.C.Rs. of the incumbents are written on the financial year basis. It was approved by the Government in March 31, 1995. Therefore, the D.P.C. could not have got approved A.C.Rs. before that date, namely, as held by the Tribunal on March 19, 1993. The direction, therefore, that the D.P.C. in its proceedings should take into consideration A.C.Rs. of all the eligible candidates as on April, 1993 is incorrect. Though, prima facie, we are impressed with the arguments of Shri Altaf Ahmed, on deeper probe and on going through the procedure laid by the Ministry of Personnel and Training, we find no force in the contention. Preparation of the action plan for consideration by the D.P.C. of the respective claims of the officers within the Zone and thereafter for setting tin motion the preparation of panel on yearwise basis, is elaborately mentioned. In case of their failure to do so, what further procedure is required to be followed is also indicated in the rules. It thereby manifests the intention of the rule-maker that the appellant-Government should estimate the anticipated vacancies, regular vacancies and also vacancies arising thereafter due to various contingencies and it should also get the A.C.Rs. prepared and approved. It is also made clear that the D.P.C. should sit on regular basis to consider the cases of the eligible candidates within the zone of consideration. The object is clear that the Government should keep the panel ready in advance so that the vacancies arising soon thereafter may be filled up from amongst the approved candidates whose names appear in the panel. In that
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