By Hon'ble Manish Garg, Member (J)

This MA has been filed by the applicants under Rule 4

(5) of Central Administrative Tribunal (Procedure) Rules, 1987

seeking permission of this Tribunal for joining together in

single OA. For the reasons stated in the MA and also in the

interest of justice, MA is allowed. The applicants are

permitted to file the accompanied OA jointly.

OA No.2977/2023

In the present OA, the applicant is seeking following

reliefs:

“i)

To quash and set aside the impugned order

dated 15.07.2023 to the extent the applicants claim

for promotion to the post of Assistant Commissioner,

Central Excise & Customs/JTS has not been

considered by calculating the vacancies of Assistant

Commissioner, Central Excise & Customs/JTS by

following „vacancy based roster‟ as per the statutory

Recruitment

Rules

DOP&T

instructions

dated

19.01.2007 as well as judgment of Hon‟ble Supreme

Court of All India Federation of Central Excise vs.

Union of India & Ors., 1999 (3) SCC 384.

ii)

To declare the action of respondents in not

calculating the vacancies in JTS for the year 2020,

2021 & 2022 strictly as per OM dated 07.01.2007

and the ratio as prescribed in Rule 5 (4)(a) and Rule 5

(4)(b) of Recruitment Rules as illegal and direct the

respondents to reallocate the vacancies arising

during 2020, 2021 & 2022 in the ratio of 13:2:1 to

Superintendent of Central Excise, Superintendent of

Central

Excise,

Superintendent

of

Customs

(Preventive) and Customs Appraisers strictly as per

Rule 5 (4)(a) and Rule 5 (4)(b) of Recruitment Rules

4 OA No.2977/2023

and promote the applicants as well as other eligible

persons to JTS with all consequential benefits.

iii)

To quash and set aside the impugned action of

respondents in applying „post based roster‟ while

distributing

the

vacancies

in

JTS/Assistant

Commissioner of Customs & Central Excise for the

year 2020, 2021 & 2022 and direct the respondents

to distribute the vacancies in the grade of Assistant

Commissioner/JTS strictly as per ratio of 13:2:1 by

applying vacancy based roster.

iv)

To direct the respondents to hold review DPC for

the vacancy year 2020, 2021 & 2022 and consider

the claim of applicants for promotion to the post of

Assistant

Commissioner

of

Central

Excise

&

Customs/JTS by applying „vacancy based roster‟ on

regular/ ad hoc basis with all consequential benefits.

v)

To allow the OA with costs.

vi)

Any other reliefs as this Hon‟ble Tribunal may

deem fit and proper in the facts and circumstances of

the case to meet the ends of justice.”

Brief facts of the case, as projected by the learned

counsel for the applicants, are that the applicants were

initially appointed as Examiner/Preventive Officer (P.O.) on

different dates during the years 2005 to 2009.

2.1 After completion of two years of service, they became

eligible for promotion to the post of Assistant Commissioner,

Central Excise & Customs/JTS along with similarly placed

persons in the ratio of 13:2:1. The said ratio was to be

followed by circulating the vacancies by following the

vacancy-based roster. However, the respondents did not

follow the same in the DPC held in January, 2023.

5 OA No.2977/2023

2.2 Aggrieved by the aforesaid arbitrary and discriminatory

action of respondents, the applicants have submitted detailed

representations through their Federation, which have been

ignored by the respondents and they have again committed

the same illegality by not calculating the vacancies of

Assistant Commissioner, Central Excise & Customs/JTS by

following the vacancy based roster.

2.3 Again being aggrieved by the aforesaid decision of the

respondents, the applicant(s) have again submitted detailed

representation, which too has been ignored. Rather, on the

contrary, the respondents have initiated t