Judgment

Sujata V. Manohar, J.-Leave granted in S.L.P. (C) No. 7071 of 1993.

Civil Appeal No. 4028 of 1993 :

2. This appeal is from a judgment and order of the Central Administrative Tribunal, Principal Bench, dated 27.11.1992 by which the Tribunal has set aside the Income Tax Department Recruitment (Amendment) Rules, 1986 insofar as they deal with promotions to the posts of Inspectors in the Income Tax Department.

3. Appointments to the post of Income Tax Inspectors is by direct recruitment as well as by promotion of departmental candidates in the ratio of 1/3rd to 2/3rd. All the Group C officials in the ministerial cadre, namely, Supervisors Grade I and Grade II, Head Clerks, Tax Assistants and Upper Division Clerks are eligible for promotion. Similarly, the cadre of Stenographers is also eligible for appointment by promotion to the posts of Inspectors. All these persons, whether in the ministerial cadre or in the Stenographers’ cadre have to qualify in the departmental examination for the post of Income Tax Inspectors and should have put in the prescribed minimum years of service.

4. Prior to April 1960, for the purpose of promotion, the list of all departmental candidates who had