Judgment

A. D. KOSHAL

( 1 ) ORDER - The short question which falls for determination in this petition under Art. 32 of the Constitution of India praying for the issuance of appropriate writs quashing the letter dated 16th of March, 1979, by which the representation Made by the petitioner against the seniority assigned to him in the cadre of Income-tax Officers, Class I was rejected and he was informed that the seniority list forming an appendix to Annexure 1 had been correctly framed in accordance with the rules then in force.

( 2 ) THE answer to the question posed by the petition has to be answered with reference to Rules 4, 6 and 8 of the Released Emergency Commissioned Officers and Short Service Commissioned Officers (Reservation of Vacancies) Rules, 1971 (hereinafter called the Rules ). The relevant part of Rule 4 (1) reads thus :

4 (1) Twenty per cent of the vacancies in the Indian Foreign Service, an:! 25 per cent of the vacancies in all the Central Civil Services and Posts, Class I, to which these rules apply shall be reserved for being filled by the Emergency Commissioned Officers and the Short Service Commissioned Officers of the Armed Forces of the Union who were commissione