A.ALAGIRISWAMI, A.N.RAY, D.G.PALEKAR, K.K.MATHEW, P.N.BHAGWATI
Bishan Sarup Gupta: Sadhu Saran Singh – Appellant
Versus
Union Of India – Respondent
Judgment
PALEKAR, J. :- The above appeals were disposed of by this Court on 16-8-1972.* The Court set aside the seniority list prepared by the department on 15-7-1968 and gave directions as to how the same was to be prepared. The principal point which was decided in these appeals related to the validity of the quota rule and the seniority rule in their operation after 15-1-1959. This court held that on Government s decision to promote a large number of Income-tax Officers from Class II to class I, the quota rule which gave 66 2/3 of the posts to the direct recruits and 33 1 / 3 of the posts to the promotees collapsed and with the collapse of that quota rule, the seniority rule which gave weightage to the promotees of 2 to 3 years also broke down. The court observed :
* Reported in AIR 1972 SC 2627
"Since the old seniority rule has ceased to operate by reason of the infringement of the quota rule it will be for the Government to devise, if necessary in consultation with the Union Public Service Commission, a just and fair seniority rule as between the direct recruits and the promotees for being given effect to from 16-1-1959. It follows, therefore, that the seniority list of 15-1-196
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