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1997 Supreme(SC) 872

D.P.WADHWA, K.RAMASWAMY
Surjit Singh – Appellant
Versus
Union Of India – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides.

2. The never-ending dispute between the direct recruits and the promotees has again surfaced in these appeals. The year 1962 onwards, the Central Secretariat Service Rules (for short, the Rules ) framed under the proviso to Article 309 of the Constitution of India provided a ratio of 1/6th and 5/6th between the direct recruits and the promotees. On July 1, 1982, the ratio was changed to 1/5th and 4/5th between the direct recruits and the promotees respectively. In the year 1983, a writ petition under Article 32 was filed by the promotee officers titled H.N. Hardasani & Ors. v. Union of India & Ors. This Court had directed that the unfilled vacancies meant for the direct recruits might be carried forward for over two years and subsequently unfilled vacancies meant for direct recruits might be thrown open for being filled up by the promotees. A statutory shape was given to the said direction by amending the Rules. In these cases, we are concerned with the Section Officers in the Central Secretariat. When fresh seniority list was being prepared, another writ petition came to be filed titled Amrit Lal & Ors. v. Union of I

























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