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 Commission in 1980 as Section Officers. These direct recruits had been appointed in substantive vacancies of Section Officers in accordance with the quota reserved for direct recruits by the service rules. The inter se seniority of the direct recruits and the promotees is fixed in accordance with the quota and rota System. The appellants are seniors to the promotees in accordance with the said quota and rota Rule. The promotion to Grade I Post of C.S.S. Rules is made in accordance with the provisions of sub-rule (2) of Rule 12 of the said Rules. The proviso to sub-rule (2) of Rule 12 of C.S.S. Rules, 1962 was originally to the following effect :-

"Provided that if any person appointed to the Section Officers Grade before the prescribed date is considered for promotion to Grade I in accordance with the provisions of this sub-rule, all persons senior to him in that grade before the prescribed date shall also be considered notwithstanding that they may not have rendered 10 years approved service in the grade."

3. According to this rule the direct recruits were eligible for consideration for promotion to Grade I in C.S.S. even though they have not rendered 10 years service when promotee Section Officers junior to them are considered for promotion to Grade I. The promotee Section Officers had to render 10 years approved service as Section Officer before being considered for promotion to Grade I. This proviso to sub-rule (2) of Rule 12 was substituted by the following proviso with effect from July 31, 1972 :-

"Provided further that if any person appointed to the Section Officers Grade is considered for promotion to Grade I under this sub-rule, all persons senior to him in that grade shall also be considered notwithstanding that they may not have rendered 10 years approved service in that grade."

4. The proviso to sub-rule (2) of Rule 12 was again substituted by the following proviso with effect from February 23, 1978 :-

"Provided further that if any person appointed to the Section Officers Grade is considered for promotion to Grade I under this sub-rule, all persons senior to him in Section Officers Grade who have rendered not less than six years approved service in that Grade shall also be considered notwithstanding that they may not have rendered 10 years approved service in that Grade; provided that the aforesaid condition of six years approved service shall not apply to a person belonging to the Scheduled Caste or the Scheduled Tribes."

5. Thus according to this proviso to sub-rule (2) of Rule 12 a direct recruit Section Officer who has rendered six years approved service in that Grade was eligible for consideration for promotion to Grade I whereas a promotee Section Officer would have to render ten years approved service in the grade of Section Officer befor