2003 Supreme(SC) 664

2003(5) Supreme 166
SUPREME COURT OF INDIA
(From Central Administrative Tribunal, Mumbai)
Doraiswamy Raju and D.M. Dharmadhikari, JJ.
Dwarka Prasad & Ors. -Appellants
versus
Union of India & Ors. -Respondents
Civil Appeal No. 5332 of 1997
With
Civil Appeal No. 5333 of 1997
Decided on 28-7-2003
Counsel for the Parties :
For the Appellant in C.A. No. 5332/97 : P.P. Rao, Sr. Advocate, Janaranjan Das, G. Balaji, S. Mishra, Advocates.
 For the Appellant in C.A. No. 5333/97 : A.K. Ganguli, Sr. Advocate, Jana Kalyan Das, Advocate.
For U.O.I. : P.P. Malhotra, Sr. Advocate, Hemant Sharma, C.V. Subba Rao, Advocate for P. Parmeswaran, Advocates.
For the Respondent in C.A. No. 5332/97 : Ms. Chandan Ramamurthi, Advocate.

IMPORTANT POINT
For promotion fixation of quota for various categories of posts in the feeder cadres requires consideration of various relevant factors and mere cadre strength of a particular post in feeder cadre cannot be a sole criteria or basis to claim parity in the chances of promotion by various holders of posts in feeder categories.

Headnote:(i) Service Law-Department of Revenue (Custom Appraisers Recruitment) Rules, 1988-Promotion-Post of Appraiser-20% quota fixed for Preventive Officers (POs)-75% quota fixed in favour of Examining Officers (EOs)-Fixation of 20% quota of POs as compared to 75% for EOs challenged as arbitrary and discriminatory -Appellants appointed as Preventive Officers (Grade I) alleging that a much lower quota has been fixed for them and that such small quota of 20% is not proportionate to their cadre strength-POs having 100% chances of promotion in their own channel to post of Superintendent (Customs) (Group B)-Amended rules provide them dual chances of promotion i.e. 100% in their own channel and 20% for ex cadre post of Appraisers-No arbitrariness or discriminatory treatment on part of department in fixing such a quota for the two posts-No legal or constitutional infirmity in lower quota fixed for POs as compared to EOs-Constitution of India-Articles 14 and 16.

       Held : Fixation of quotas or different avenues and ladders for promotion in favour of various categories of posts in feeder cadres based upon the structure and pattern of the Department is a prerogative of the employer, mainly pertaining to policy making field. The relevant considerations in fixing a particular quota for a particular posts are various such as the cadre strength in the feeder quota, suitability more or less of the holders in the feeder post, their nature of duties, experience and the channels of promotion available to the holders of posts in the feeder cadres. Most important of them all is the requirement of the promoting authority for manning the post on promotion with suitable candidates. Thus, fixation of quota for various categories of posts in the feeder cadres requires consideration of various relevant factors, a few amongst them have been mentioned for illustration. Mere cadre strength of a particular post in feeder cadre cannot be a sole criteria or basis to claim parity in the chances of promotion by various holders of posts in feeder categories. Normally, where officers are to be drawn for promotion from different posts in the feeder cadre, quota for each post in the feeder cadre is maintained proportionately to the sanctioned strength in that post. This, however, cannot be an inviolable rule of strict application in every case, with any absolute equality of arithmetical exactitude but may vary case to case depending upon the pattern, structure and hierarchies in the Departmental set up as well as exigencies and balancing needs of Administration. There are other relevant considerations, some of which have been mentioned above, which may require departure from the practice of fixation of quota for each post in the feeder cadre, solely proportionate to its strength. In the instant case, on behalf of the UOI, full and overall justification has been shown for fixing only 20% quota for POs as against 75% quota for EOs. It has been stated in the counter-affidavit by the UOI that regular channel of promotion for POs in their own line is to the post of Superintendent (Customs) (Group B) and in that they have 100% promotion quota. EOs and Superintendents (Group C) can claim on consideration for promotion on those posts which are exclusively earmarked for POs. It is submitted that keeping in view the availability of large number of POs with severe competition for them for limited number of posts of promotion in their own line, additional avenue of promotion to the extent of 20% has been provided to them for the posts of Appraiser which is ex cadre post for them outside their own channel and to which otherwise they would not be entitled to. Thus, the amended rules which provide them dual chances of promotion i.e. 100% in their own channel and 20% for the ex-cadre post of Appraisers along with EOs who have 75% quota more than sufficiently takes care of their interests as well and cannot be said to be so arbitrary, discriminatory, unreasonable as to call for interference in these proceedings. (Paras 16 to 18)

       (ii) Constitution of India-Articles 14 and 16-Promotion-Right to be considered for promotion on fair and equal basis without discrimination may be claimed as a legal and a fundamental right-However, chances of promotion as such cannot be claimed as of right. (Para 24)