Judgment

RAY, J.:- In these appeals under special leave the only question that falls for consideration is whether the service rule requiring 8 years of approved service as Section Officer both for the direct recruits as well as for promotees for being eligible for consideration for promotion to the Grade I Post in Central Secretariat Service is arbitrary being in contravention of Articles 14 and 16 of the Constitution of India.

2. The matrix of the case is that the appellants along with one Rajiv Kalsi made four applications under Section 19 of the Administrative Tribunals Act, 1985 challenging the vires of proviso to sub-rule (2) of Rule 12 of Central Secretariat Service (C.S.S.), 1962 as amended by Notification No. 5/8/80-CS. I dated 29th December, 1984 prescribing 8 years of approved service as Section Officer as condition of eligibility for being considered for promotion to Grade-I Post in C.S.S. The appellants, Miss Prabha Devi and Shri Rajiv Kalsi were recruited directly through examination held by Union Public Service Commission in 1978 as Section Officers. The appellants Shri G. S. Grewal and Shri Surjit Singh were recruited through examination held by Union Public Service Co