JAGDISH SINGH KHEHAR, S.A.BOBDE
Dhole Govind Sahebrao – Appellant
Versus
Union of India – Respondent
Certainly. Based on the provided legal document, here are the key points:
Chances of promotion do not constitute conditions of service; therefore, alterations in promotion prospects generally do not warrant judicial interference unless they are arbitrary or mala fide (!) (!) (!) .
The creation of a new cadre out of an existing cadre, such as the formation of Data Entry Operators from the ministerial cadre, is not merely a bifurcation but a distinct reorganization involving different duties, responsibilities, and promotion avenues (!) (!) (!) .
The process of amalgamation or reorganization of cadres, including the merging of different posts into a new cadre, should be based on relevant factors such as nature of duties, powers exercised, qualifications, and pay scales, and must adhere to principles of fairness and equality (!) (!) (!) .
Seniority rules and inter se seniority determination should be based on the date of regular appointment and not solely on pay scales, especially when the posts have different duties or qualification requirements, unless justified by specific circumstances (!) (!) (!) (!) .
The mere equivalence of posts based on pay scales alone is insufficient to justify the fixation of seniority or the treatment of posts as equal; the nature of duties, qualifications, and departmental examinations are also relevant considerations (!) (!) (!) .
The process of amalgamation or reorganization must be conducted in a manner that is fair, reasonable, and non-discriminatory, respecting the principles of Articles 14 and 16 of the Constitution, and must not arbitrarily disadvantage any cadre or group of employees (!) (!) (!) .
The alteration of chances of promotion, when not affecting conditions of service or rights vested under the rules, generally does not constitute a violation of constitutional rights; however, arbitrary or mala fide changes can be challenged (!) (!) (!) .
The determination of seniority and promotion avenues should be aligned with the original position, nature of duties, and relevant service rules, and any change must be justified and consistent with constitutional principles (!) (!) (!) .
The legal approach emphasizes that the rules governing recruitment, seniority, and promotion are to be applied consistently, and any deviation or arbitrary fixation can be challenged as violative of Articles 14 and 16 (!) (!) (!) .
The process of cadre reorganization, including the creation, merger, or re-amalgamation of cadres, must be based on administrative policy that is fair, non-discriminatory, and in accordance with constitutional mandates, ensuring that employees' rights are protected and that promotion and seniority are determined justly (!) (!) (!) (!) .
These points collectively highlight the importance of fairness, non-arbitrariness, and adherence to constitutional principles in cadre restructuring, seniority fixation, and promotion considerations.
Judgment :-
Jagdish Singh Khehar, J.
1. The present controversy is yet another seniority dispute amongst employees of the Customs and Central Excise Department. The controversy herein has emerged on account of a reconstitution of cadres. In the first instance, a separate cadre was constituted, out of the existing ministerial cadre, for discharging electronic data processing responsibilities. This was necessitated by the decision of the department to introduce computerization, in its functioning. The instant computerization project, which commenced in 1991-92, seems to have been fully implemented in or around 2002-03. Consequent upon achievement of the above objective, the separate cadre so created, was sought to be re-amalgamated with the existing ministerial cadre. The above noticed bifurcation and re-amalgamation, resulted in a coincidental career advancement, for those who had accepted to break away from the original ministerial cadre. Some of those who were originally placed at inferior positions in the seniority list of the original ministerial cadre, acquired superiority over th
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